NEW YORK – October 22, 2018 – On October 17, 2018, the Federal Circuit allowed the patent lawsuit, AGIS Software Development LLC v. Apple, Inc, to continue in the Eastern District of Texas, upholding a district court ruling that rejected arguments that California would be a clearly more convenient forum. Brown Rudnick successfully argued this case on behalf of AGIS.

The appeals court denied Apple’s petition for a writ of mandamus, agreeing with U.S. District Judge Rodney Gilstrap’s decision to refuse to move the suit brought by AGIS to Northern California.

“This decision sends an important message from the Federal Circuit,” said Fred Fabricant, partner at Brown Rudnick representing AGIS. “It is a real signal that if you are going to bring a mandamus petition to overturn the district court, the Federal Circuit is going to take this very seriously. There needs to be a clear abuse of discretion by the district judge.”

Fred adds: “There have been a number of victories lately for plaintiffs in patent cases that allow plaintiffs to keep cases in the forum where they bring them and denying big corporate defendants with unlimited capital the routine ability to force transfer of the cases to the districts they prefer.”

This is the latest of similar victories Fred has secured in patent litigation, including in so-called TC Heartland decisions, that allow a plaintiff to bring and keep a lawsuit in a venue that is fair not only for the big, corporate defendant, but to the plaintiff as well.  (See AGIS v. LG, and Blitzsafe v. BMW.)

The Brown Rudnick team representing AGIS was led by partner Fred Fabricant, along with partners Peter Lambrianakos and Vincent J. Rubino III and associate Enrique W. Iturralde. 


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Peter Lambrianakos

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Vincent J. Rubino III

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Enrique W. Iturralde

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