Primal Hardwere, LLC v. Primal Wear, Inc. (D. N.H. 21-cv-00232).

  • August 25, 2021

Judge Young denied Micron 2019s motion to dismiss for improper venue, finding Micron had waived a venue challenge by not raising it in its initial Rule 12(b)(6) motion. It is noteworthy that Harvard 2019s opposition was based solely on waiver, and that Harvard did not argue that venue was proper under TC Heartand. Micron asserted that its venue challenge was not available as of its initial 12(b)(6) motion, because TC Heartland had not yet issued. Judge Young noted, however, that TC Heartland merely reaffirmed a previous Supreme Court decision on venue, and that the defendant in TC Heartland had (ultimately) successfully mounted a venue challenge in the face of countervailing Federal Circuit law. Accordingly, Micron was found to have waived its venue argument by failing to raise it earlier.

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