IPNews® – Laila Ali, the daughter of Muhammad Ali, has run into a problem in attempting to trademark her name. Her trademark application for LAILA ALI was opposed by Muhammad Ali Enterprises LLC, which controls all intellectual property associated with Muhammad Ali. While the two boxers never fought in a ring, it appears their companies… Continue Reading
by Dennis Crouch
In re Monolithic Power Systems, Inc., — F.4th — (Fed. Cir. 2022)
In a 2-1 decision, the Federal Circuit has denied Monolithic’s petition for writ of mandamus seeking to escape from Judge Albright W.D. Tex. courtroom for improper venue. Since MPS is a Delaware Corp., the only way venue is proper in W.D. Tex. is if it “has committed acts of infringement and has a regular and established place of business.” 28 U.S.C. § 1400(b). The company has employees, and various sales-channels within the district, but argues that it lacks a “regular and established place of business.” As an alternative to its improper venue argument, MPS also argued that venue is inconvenient under 28 U.S.C. § 1404(a) and that the case should instead be transferred to N.D. Cal.
Judge Albright denied the motions to dismiss/transfer — holding that the “regular and established place of business” prong of the 1400(b) test was satisfied by three key findings:
- MPS employed local engineers and sales managers in WDTX to serve local customers;
- MPS stored property in WDTX (in the homes of its employees) and that equipment was used to service MPS’s WDTX customers, and
- MPS continually maintain a physical presence within WDTX, including by advertising for replacement employees should any of MPS’s existing WDTX employees leave the company or move to a new location.
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