Fed. Circ. Won't Toss Balloon IP Case From Texas Court

Law360 (August 15, 2018, 4:03 PM EDT) -- The Federal Circuit on Wednesday denied a water balloon maker's bid to toss a patent infringement suit on the basis that Texas is an improper venue, keeping intact a lower court's finding that the company had forfeited its venue defense through previous litigation.

In a four-page nonprecedential order, the panel denied Telebrands Corp.'s petition for a writ of mandamus asking the appellate court to dismiss the suit over patents for water balloon toys it has been accused by patent holder Tinnus Enterprises LLC of infringing.

Telebrands had sought mandamus relief after an Eastern District of Texas federal judge in June adopted a...

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