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Expert Analysis

Venue Transfers Within East Texas: The Case To Know

By Matthew Zorn ( October 11, 2017, 12:30 PM EDT) -- Defendants in patent cases wanting to steer clear of East Texas juries ought to take note of the lesser used type of transfer under Section 1404(a) — the divisional or "Radmax transfer." After Cray, companies without a physical presence in the Eastern District of Texas are generally outside the reach of "Marshall law." That leaves a long list of companies subject to infringement suits in the Eastern District, however. Notably, many companies have physical presences in the northern Dallas suburbs and thus have a physical presence within the Eastern District of Texas. These companies may want to consider transfer to the Sherman Division under the Fifth Circuit case Radmax.[1]...

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