ParkerVision, Inc. v. Apple Inc. et al, 3-15-cv-01477 (FLMD January 9, 2018, Order) (Klindt, MJ)
Thursday, January 11, 2018
Venue Determined When Cause of Action Accrued, Not Complaint Filing Date
The magistrate judge recommended denying defendant's motion to transfer for improper venue because defendant had a regular and established place of business in the district through two offices that closed before plaintiff filed suit and one office acquired a year after plaintiff filed suit. "[A]pplication of the rule proposed in [Personal Audio, LLC v. Google, Inc. (E.D. Tex. Dec. 1, 2017)] -- using the exact date of the filing of the Complaint -- is too rigid. No one disputes that the causes of action accrued while [defendant] had at least one office in this district, and the undersigned has already found that until [its] closure, such a presence was regular and established. . . . [S]ince [defendant] had a regular and established place of business in this district when the causes of action accrued, and [plaintiff] filed its Complaint within a reasonable time thereafter, the undersigned finds that this element is met as to [defendant]."