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IP News

By Howard Shire and Michael Block

Federal Circuit Resolves Circuit Split, Finds That Venue Is Not Waived Under Rule 12(h)(1)(A) for Cases Brought before TC HeartLand

On Nov. 15, 2017, a Federal Circuit panel of Judges Taranto, Chen, and Hughes issued a unanimous decision, authored by Judge Taranto, in In Re: Micron Technology, Inc., Case No. 2017-138. The panel granted a petition for a writ of mandamus, setting aside a denial of a motion to dismiss or transfer for improper venue, by the United States District Court for the District of Massachusetts. The Federal Circuit found that waiver under Rule 12(h)(1)(A) did not apply, vacated the district court's order, and remanded for consideration of whether there was forfeiture of a venue defense under the district court's discretionary powers.

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