Uniloc Agrees to Transfer Big Fish Games Case but Continues Overall Push to Stay in Texas

August 8, 2017

The case brought by Uniloc USA, Inc. and Uniloc Luxembourg S.A. (collectively, “Uniloc”) against Big Fish Games has been transferred from the Eastern District of Texas (2:17-cv-00172) to the Western District of Washington (2:17-cv-01183) by joint stipulation. Although Uniloc agreed to the transfer in this instance, its overall behavior in the wake of TC Heartland has bucked the general trend in which NPEs have either ridden the wave of transfers from Texas or shifted their efforts elsewhere. Many NPEs have increasingly avoided the Eastern District of Texas in new filings while either conceding to venue challenges or dismissing and re-filing existing cases in other venues, with early favorites including the District of Delaware, the Northern District of Illinois, and the Northern District of California. Uniloc, by contrast, has continued to file litigation in the Eastern District of Texas and has shown a greater willingness to push back against venue motions.

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