Section 9 Transfer

• Library: Intellectual Prop 2004

Intellectual property cases frequently involve parties from different states and thus are potentially the subject of motions to transfer. Such motions are governed by 28 U.S.C. §§ 1404 and 1406 and by various rules. One such rule is the “first filed” rule, which states that, in cases of concurrent jurisdiction, “the first court in which jurisdiction attaches has priority to consider the case.” Anheuser-Busch, Inc. v. Supreme Int’l Corp., 167 F.3d 417, 419 (8^th Cir. 1999) (quoting United States Fire Ins. Co. v. Goodyear Tire & Rubber Co., 920 F.2d 487, 488 (8^th Cir. 1990) (quoting Orthmann v. Apple River Campground, Inc., 765 F.2d 119, 121 (8^th Cir. 1985))). The first-filed rule is designed to “conserve judicial resources and avoid conflicting rulings.” N.W. Airlines, Inc. v. Am. Airlines, Inc., 989 F.2d 1002, 1006 (8^th Cir. 1993). To that end, “the first-filed rule gives priority, for purposes of choosing among possible venues when parallel litigation has been instituted in separate courts.” Id.

Turning to the...