Hybrid Audio, LLC v. ASUS Computer International, Inc. et al. (16-cv-10643).

  • October 18, 2017

Judge Zobel allowed Hybrid Audio 2019s motion to transfer this case to the Northern District of California and denied ASUS 2019 motion to dismiss. The ASUS defendants are a Taiwanese corporation and its U.S. subsidiary, which is incorporated in and resides in California. The parties agreed that venue in Massachusetts is no longer proper, pursuant to TC Heartland; the real action in this issue was ASUS 2019 desire that the case be dismissed, forcing Hybrid Audio to refile in California 2013 as the asserted patent expired prior to the filing of the lawsuit, and ASUS 2019 first notice of infringement was on January 5, 2011, refiling would eliminate ten months of damages that were available pursuant to the six-year limit on damages set forth in 35 U.S.C. 00a7 286. Hybrid Audio sought to have the case transferred 201cin the interest of justice. 201d Judge Zobel endorsed Hybrid 2019s motion, rather than authoring an opinion of her own.

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