Apple Store Enough To Keep IP Suit In Delaware, Judge Says

Law360, New York (August 11, 2017, 1:37 PM EDT) -- Apple Inc. may not move a patent-holding company’s infringement suit from Delaware under the new TC Heartland precedent because the tech giant’s retail store in the state qualifies as an “established place of business,” a federal court ruled Wednesday.

Prowire LLC properly brought its patent infringement suit against Apple in Delaware, according to the order from U.S. District Judge Mark A. Kearney, despite Apple’s contentions that the venue was improper and that the suit should move to California.

“Apple does not dispute Prowire’s allegation it has a retail store in Delaware,” Judge Kearney wrote. “It argues one retail store is not...

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