Post-TC Heartland Delay Waives Venue Challenge

The magistrate judge recommended denying defendants' motion to dismiss or transfer for improper venue because defendants waived their venue defense due to their delay. "Defendants have waived their venue because of their untimely challenges combined with the inefficiencies a transfer would cause on the judicial system. Even after the Supreme Court's decision in TC Heartland, [one defendant] waited nearly four months before raising the issue with the Court, and [the other] waited over five months. . . . But by then, the parties were to have been immersed in claim construction discovery, have exchanged proposed claim terms and preliminary constructions, and proffered a joint claim construction statement. . . . Regardless of any venue-related conversations between the parties, Defendants (not [plaintiff]) chose to wait months before raising the issue with the Court."

Kaist IP US LLC v. Samsung Electronics Co., Ltd. et al, 2-16-cv-01314 (TXED December 18, 2017, Order) (Payne, MJ)