Better Mouse Company, LLC v. Razer USA Ltd. d/b/a Razer, Inc., 2-17-cv-00317 (TXED December 12, 2017, Order) (Payne, MJ)
Thursday, December 14, 2017
Third Party Services and Pre-Filing Events Excluded From Scope of Venue Discovery
The court granted in part defendant's motion for a protective order to limit the topics of plaintiff's venue-related deposition. "Whether [defendant] has owned or leased a place of business in the district is relevant, but whether a third party that provides 'services' to [defendant] has a place in the district is not relevant. . . . [T]he time period is overly-broad. Venue is determined at the time the complaint is filed -- not as early as six years before the complaint was filed. . . . An employee who works from home within the district might be relevant to the inquiry. . . . The name and location of anyone that 'provides services' to the defendant, however, is too broad. . . . While [information about retailers in the district] may be relevant to jurisdiction, or even to infringement or damages, the location of a retail store that is not owned or leased by the defendant is irrelevant to the venue inquiry."