Brownson Norby, PLLC attorney Robert Brownson, acting as co-counsel and local Minnesota counsel in Minnesota Federal Court, represented the Defendants in a patent dispute arising from a claim that Defendants infringed on various patents for the design of electrical generation equipment used on turbines in power plants. The Plaintiff, a Minnesota company, brought the case in the United States Didtrict Court in Minnesota. The Defendants were companies headquartered in the Pittsburgh, Pennsylvania area. Following the United States Supreme Court case of TC Heartland LLC v. Kraft Foods Grp. Brands LLC, which defined and restricted the venue where patent cases can be brought, Defendants brought a Motion to Transfer for Improper Venue contending the case should be transferred to the United States District Court for the Western District of Pennsylavania. In an opinion of August 4, 2017, United States District Judge Susan Richard Nelson agreed, granted the transfer of venue, and ordered the case to Pennsylvania.
Following an appeal by the Plaintiff, the Federal Circuit ordered Judge Nelson to revisit the issue, which she did, and on February 13, 2018, again ruled for Brownson Norby, PLLC clients, that the case be trsansferred to Pennsylvania.
The rulings are significant since, following the Supreme Court ruling in TC Heartland, LLC, Federal District Courts around the country have taken inconsistent positions on requests to transfer patent venue in pending cases. Most had ruled differently, and for various reasons, had not granted transfer Motions.
To view the two Orders, click here.Cutsworth, Inc v LEMM Liquidating Company LLC et al February 13 2018 order; Cutsworth, Inc v LEMM Liquidating Company LLC et al August 4 2017 Order Cutsworth, Inc v LEMM Liquidating Company LLC et al August 4 2017 Order