Lodsys v. Brother, et al., 2:11cv90 (1/14/13)
Judge: Rodney Gilstrap
Holding: Motions to Sever GRANTED; Motions to Transfer & Motions to Stay DENIED
This opinion disposes of ten pending motions in this multidefendant case. It details the history of the Lodsys litigation to date, including the Court's prior order consolidating the cases for pretrial purposes following receipt of scheduling proposals from the parties.
First up was a motion by HP to reconsider the Court's order denying its motion to sever following the Federal Circuit's issurance of In re EMC (the first one), and then transfer the severed case to the Southern District of Texas. Judge Gilstrap agreed that EMC changed the standard that had previously been applied in the district, and granted the motion to sever, but denied the motion to transfer, finding that judicial economy and the short distance between the two fora favored keeping the case with similar cases involving similar products by other defendants.
The Court granted similar motions to sever by other defendants, and denied motions to transfer by defendants Playboy, GMCI, RK Netmedia, a motion to dismiss for /improper venue by HSN, and motions to stay by several defendants asserting the customer suit exception