Filed: May 30, 2017
Latest Update: May 30, 2017
Summary: STIPULATED MOTION AND ORDER TO TRANSFER RICHARD A. JONES , District Judge . Plaintiff F5 Networks, Inc., Defendant and Counterclaim-Plaintiff Radware, Inc., and Counterclaim-Plaintiff Radware Ltd., (together "Parties") jointly stipulate and request that the Court transfer this matter to the United States District Court for the Northern District of California. The Parties have met and conferred and agree that this stipulated motion is appropriate in response to a change in the precedent gove
Summary: STIPULATED MOTION AND ORDER TO TRANSFER RICHARD A. JONES , District Judge . Plaintiff F5 Networks, Inc., Defendant and Counterclaim-Plaintiff Radware, Inc., and Counterclaim-Plaintiff Radware Ltd., (together "Parties") jointly stipulate and request that the Court transfer this matter to the United States District Court for the Northern District of California. The Parties have met and conferred and agree that this stipulated motion is appropriate in response to a change in the precedent gover..
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STIPULATED MOTION AND ORDER TO TRANSFER
RICHARD A. JONES, District Judge.
Plaintiff F5 Networks, Inc., Defendant and Counterclaim-Plaintiff Radware, Inc., and Counterclaim-Plaintiff Radware Ltd., (together "Parties") jointly stipulate and request that the Court transfer this matter to the United States District Court for the Northern District of California. The Parties have met and conferred and agree that this stipulated motion is appropriate in response to a change in the precedent governing venue in patent cases, and hereby stipulate as follows:
WHEREAS, on May 22, 2017, the Supreme Court issued a decision in TC Heartland v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017),1 holding that the patent venue statute only permits suits against a corporation in a State in which the corporation is incorporated or has a regular and established place of business;
WHEREAS, TC Heartland overturned a line of cases stemming from the Federal Circuit's decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed. Cir. 1990) which had tied patent venue to the general venue statute in 28 U.S.C. §1391(c) and thus permitted patent suits to be brought wherever there was personal jurisdiction;
WHEREAS, Radware Inc. previously moved to dismiss this case for improper venue (see ECF 21);
WHEREAS, this now overturned line of cases was the basis for venue in the Western District of Washington in this case (see ECF 54 at 12-13);
WHEREAS, Radware, Inc. and Radware Ltd. represent that they are neither incorporated nor have offices or any regular and established place of business in Washington; and
WHEREAS, the Parties agree that venue is proper in the United States District Court for the Northern District of California;
IT IS HEREBY STIPULATED AND AGREED, that this case should be transferred to the United States District Court for the Northern District of California.
IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
ORDER
Based on the foregoing, IT IS SO ORDERED that this matter be transferred to the United States District Court for the Northern District of California. The court DIRECTS the Clerk to transfer this case to the United States District Court for the Northern District of California.
