Thursday, July 27, 2017

Plaintiffs Have No Obligation to Plead Specific Facts Supporting Venue​

The magistrate judge recommended denying defendant's motion to dismiss plaintiff's patent infringement action for improper venue and rejected defendant's argument that plaintiff's venue allegations were insufficient. "With the burden of establishing improper venue on the defendant, the plaintiff is under no obligation to plead specific facts supporting venue in the complaint. . . . [Defendant's] principal argument -- that [plaintiff's] venue allegations should be more detailed, 'to give Apple a fair and true opportunity to respond to these allegations' -- is therefore without merit. . . . [D]etailed factual venue allegations (as opposed to citation of the venue statute relied upon) are not required, and [defendant] has not submitted a single affidavit or item of evidence establishing that venue is improper."

Soverain IP, LLC v. Apple Inc., 2-17-cv-00207 (TXED July 25, 2017, Order) (Payne, MJ)

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