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RFC Express - New IP Lawsuits

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By John L. Rogitz of Rogitz & Associates

John Rogitz has conducted extensive domestic and foreign prosecution in the areas of computer hardware and software for high-tech institutions. He has also conducted extensive patent prosecution in the biomed field, including medical instrumentation, as well as in the fields of superconductors, magnetic resonance imaging, materials and consumer electronics. Mr. Rogitz can be reached at 619-338-8075.


Venue in E.D. Texas: In re Hoffman-La Roche, misc. docket 911 mandates transfer away from E.D. Texas to E.D. North Carolina because only a single witness resided in Texas, the drug covered by the patent at issue was developed and tested in North Carolina and sources of proof remain there, E.D.N.C.'s local interest remains strong because work and reputation of several individuals residing in or near there called into question, and at least four non-party witnesses reside within 100 miles of E.D.N.C.  As to E.D. Texas, other than counsel in California transferring documents there in anticipation of litigation, there "appears to be no connection between this case" and E.D. Texas.


Declaratory Judgement: Hewlett-Packard Co. v. Acceleron LLC, 2009-1283, reverses dismissal of DJ for lack of jurisdiction.  Patentee sent letter to DJ plaintiff wanting to discuss patent at issue and un...

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