Google Files DJ Action Against Personal Audio in California as It Seeks Dismissal in Texas
While a Texas court considers a motion to dismiss a September 2015 affirmative case filed by Personal Audio, LLC, Alphabet (Google) has filed an action (3:17-cv-05583) in the Northern District of California seeking declaratory judgments that the same two patents at issue in Texas are invalid and are not infringed and that the accused products specifically identified in infringement contentions are licensed. The patents generally relate to audio player devices, with infringement accusations focused on devices that include the Google Play Music application. Google filed the motion to dismiss for improper venue in the wake of the US Supreme Court’s TC Heartland decision; it earlier lost a motion to transfer for convenience to California.
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