IPNews® – Katie King (aka Miss Metaverse) recently filed a trademark opposition against the Miss Metaverse trademark application filed by Flo Inc. While Flo Inc. has only recently started using the trademark, Ms. King claims to have used it for years. Although she has only recently filed her own trademark application, she may have common law rights. To… Continue Reading
Hogfish can change color to camouflage themselves. New research clarifies how their light-sensitive skin works.
by Dennis Crouch
Rafqa Star LLC v. Google LLC, No. 6:22-cv-01207-ADA, 2022 WL 3747666 (W.D. Tex. Aug. 17, 2022).
Google is one of the largest companies in the US with extensive ties not just to every state, but virtually every household in the entire country. Still, the company regularly argues that it would be too unfair and inconvenient to litigate patent cases in states such as Texas. In a recent decision, Judge Alan Albright (W.D.Tex.) denied Google’s motion to transfer venue. In his 40-page order, Judge Albright provided an in-depth analysis of the private and public interest factors that, based upon prior precedent, govern transfer under 28 U.S.C. § 1404(a). The relevant statute reads as follows:
For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented.
Id. Before analyzing this case, I want to step back and recognize that the current legal test for patent venue transfer has departed significantly from the statutory language declaring the goals of convenience and justice.
Continue reading Venue Transfer Games Continue: Rafqa Star v. Google at Patently-O.
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