May 15, 2018 / 1:10 AM / a year ago

Appeals court gives ZTE new shot at moving patent case out of East Texas

A federal appeals court on Monday gave a U.S. subsidiary of Chinese technology company ZTE Corp another chance to transfer a patent dispute out of the Eastern District of Texas, clarifying that the burden of showing proper venue falls on the plaintiff not the objecting defendant.

The U.S. Court of Appeals for the Federal Circuit vacated a ruling by a magistrate judge in Sherman, Texas, that denied ZTE USA Inc’s motion to dismiss on improper venue grounds a patent case filed by American GNC Corp.

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