Total Wine & More can’t escape a Texas lawsuit over mobile app patents by filing a new lawsuit in California that seeks declaratory judgment of noninfringement, a magistrate judge ruled.
Allowing Total Wine’s California lawsuit to move forward “would undermine judicial efficiency” since it involves the same parties and patents as the earlier-filed Texas suit, Magistrate Judge Nathanael M. Cousins said in a Thursday order dismissing the case in the US District Court for the Northern District of California.
If the Texas court grants Total Wine’s pending motion to dismiss for improper venue, the parties can come back to California, …
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