F5 Networks Inc v. Radware Inc

Filing 97

ORDER re parties' 96 Stipulated Motion to Transfer Case; This case should betransferred to the United States District Court for the Northern District of California, by Judge Richard A Jones.(SWT)

THE HONORABLE RICHARD A. JONES

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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F5 NETWORKS, INC.,

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Plaintiff,

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STIPULATED MOTION AND
ORDER TO TRANSFER

v.

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No. 2:16-cv-00480-RAJ

RADWARE, INC.,

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Defendant.
RADWARE, INC. and RADWARE, LTD.,

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Counterclaim-Plaintiffs,
v.
F5 NETWORKS, INC.,
Counterclaim-Defendant.

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STIPULATED MOTION TO TRANSFER
No. 2:16-cv-00480-RAJ

CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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Plaintiff F5 Networks, Inc., Defendant and Counterclaim-Plaintiff Radware, Inc.,

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and Counterclaim-Plaintiff Radware Ltd., (together “Parties”) jointly stipulate and request

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that the Court transfer this matter to the United States District Court for the Northern

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District of California. The Parties have met and conferred and agree that this stipulated

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motion is appropriate in response to a change in the precedent governing venue in patent

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cases, and hereby stipulate as follows:

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WHEREAS, on May 22, 2017, the Supreme Court issued a decision in TC

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Heartland v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017),1 holding that the patent

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venue statute only permits suits against a corporation in a State in which the corporation is

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incorporated or has a regular and established place of business;

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WHEREAS, TC Heartland overturned a line of cases stemming from the Federal

12 Circuit’s decision in VE Holding Corp. v. Johnson Gas Appliance Co., 917 F.2d 1574 (Fed.
13 Cir. 1990) which had tied patent venue to the general venue statute in 28 U.S.C. §1391(c)
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WHEREAS, Radware Inc. previously moved to dismiss this case for improper

16 venue (see ECF 21);
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WHEREAS, this now overturned line of cases was the basis for venue in the

18 Western District of Washington in this case (see ECF 54 at 12-13);
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WHEREAS, Radware, Inc. and Radware Ltd. represent that they are neither

20 incorporated nor have offices or any regular and established place of business in
21 Washington; and
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WHEREAS, the Parties agree that venue is proper in the United States District

23 Court for the Northern District of California;
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Opinion available at https://www.supremecourt.gov/opinions/16pdf/16-341_8n59.pdf.

STIPULATED MOTION TO TRANSFER - 1
No. 2:16-cv-00480-RAJ

CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

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IT IS HEREBY STIPULATED AND AGREED, that this case should be

2 transferred to the United States District Court for the Northern District of California.
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4 IT IS SO STIPULATED, THROUGH COUNSEL OF RECORD.
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Dated: May 25, 2017
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By: s/ Ramsey Al-Salam
Ramsey M. Al-Salam, WSBA No. 18822
[e-mail]
Christina J. McCullough, WSBA No. 47147
[e-mail]
Stevan R. Stark, WSBA No. 39639
[e-mail]
Antoine M. McNamara, WSBA No. 41701
[e-mail]
Lane M. Polozola, WSBA No. 50138
[e-mail]
PERKINS COIE LLP
1201 Third Avenue, Suite 4900
Seattle, WA 98101
Phone: [phone]
Fax: [phone]
Nathaniel E. Durrance, WSBA No. 41627
[e-mail]
NEWMAN DU WORS LLP
2101 Fourth Ave, Suite 1500
Seattle, WA 98121
Phone: [phone]
Fax: [phone]

By: s/ David B. Edwards
Kevin Baumgardner, WSBA No. 14263
David B. Edwards, WSBA No. 44680
CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE
LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Telephone: [phone]
Fax: [phone]
[e-mail]
[e-mail]
Fabio E. Marino (Admitted Pro Hac Vice)
Nitin Gambhir (Admitted Pro Hac Vice)
MCDERMOTT WILL & EMERY LLP
275 Middlefield Road, Ste. 100
Menlo Park, CA 94025
Telephone: [phone]
Facsimile: [phone]
[e-mail]
[e-mail]

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Attorneys for Plaintiff F5 Networks, Inc.

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Attorneys for Defendant and
Counterclaim-Plaintiffs Radware, Inc.
and Radware, Ltd.

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STIPULATED MOTION TO TRANSFER - 2
No. 2:16-cv-00480-RAJ

CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]

ORDER

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Based on the foregoing, IT IS SO ORDERED that this matter be transferred to the

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United States District Court for the Northern District of California. The court DIRECTS

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the Clerk to transfer this case to the United States District Court for the Northern District

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of California.

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DATED: May 30, 2017

A

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The Honorable Richard A. Jones
United States District Judge

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STIPULATED MOTION TO TRANSFER - 3
No. 2:16-cv-00480-RAJ

CORR CRONIN MICHELSON
BAUMGARDNER FOGG & MOORE LLP
1001 Fourth Avenue, Suite 3900
Seattle, Washington 98154-1051
Tel [phone]
Fax [phone]