NEW YORK – January 25, 2019 – On January 24, 2019, the Federal Circuit allowed the patent lawsuit AGIS Software Development v. LG Electronics Inc. to continue in the Eastern District of Texas, upholding the District Court’s denial of LG’s motion to dismiss for lack of personal jurisdiction, or alternatively, to transfer the case to the Northern District of California.

The appeals court denied LG’s petition for a writ of mandamus, agreeing with U.S. District Judge Rodney Gilstrap’s decision to refuse to dismiss or transfer the case. Brown Rudnick successfully argued on behalf of AGIS against the mandamus petition.

“This decision reinforces a consistent message from the Federal Circuit,” said Fred Fabricant, lead counsel and partner at Brown Rudnick representing AGIS. “If you are going to bring a mandamus petition to overturn the district court, there needs to be a clear abuse of discretion by the district judge. That was not the case in this instance, wherein the district court reached reasonable conclusions based on an evidentiary record that it had specific personal jurisdiction over LG, and that LG had not shown that the Northern District of California was clearly more convenient to warrant a transfer.”

This is the latest of several victories Fabricant has secured in patent litigation that have allowed plaintiffs to bring and maintain lawsuits in venues that are fair not only for the big, corporate defendant, but to the plaintiff as well.  (See AGIS v. Apple and Blitzsafe v. BMW.)

Fabricant adds: “The Federal Circuit clearly takes seriously the rigorous standards for granting mandamus, and by denying several recent petitions it has upheld district court decisions to allow plaintiffs to keep defendants and cases in the forum where they bring them, thereby denying big corporate defendants with unlimited capital the routine ability to force transfer of the cases to the districts they prefer.”

The Brown Rudnick team representing AGIS was led by partner Fred Fabricant, along with partners Peter Lambrianakos and Vincent J. Rubino III and associate Enrique W. Iturralde. 

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Peter Lambrianakos

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Vincent J. Rubino III

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Enrique W. Iturralde

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