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Eastern District of Texas Court Rules Remote Workers Do Not Anchor Uniloc IP Suit

December 08, 2017

Law360 reported that Eastern District of Texas Judge Rodney Gilstrap dismissed a patent suit brought by Uniloc USA against Nutanix.

The judge ruled that 19 Nutanix employees who work remotely in the district do not give the company a place of business there.

Law360 said that the judge found the Eastern District of Texas was not a proper venue for the software maintenance patent case because Nutanix—based in San Jose, California— does not have a “regular and established place of business” in the district as required by the U.S. Supreme Court’s TC Heartland ruling.

Judge Gilstrap relied on the Federal Ci​rcuit decision in In re: Cray Inc., outlining what constitutes a place of business, noted Law360.

Nutanix is represented by Fenwick partners Charlene Morrow and David Hayes and associates Lauren Whittemore and Athul Achyara.

In In Re: Cray Inc., Cray is represented by Fenwick partners David Tellekson, Bryan Kohm and Melanie Mayer, and associates Jonathan McMichael, Yixin Zhang and Reilly Stoler.

The full article is available on Law360 (subscription required).​