Your reading of this case is at odds with the logic of the ruling:
“These facts are in contrast with those in Cordis, where it was clear that the place of business was established by Cordis. Cordis’s business specifically depended on employees being physically present at places in the district, and it was undisputable that Cordis affirmatively acted to make permanent operations within that district to service its customers there.”
Even without the two retail stores and the employees, Apple has tens of thousands of customers in the court's district and it services those customers in exactly the manner of the Cordis example.
Yeah, except the case and others including tc heartland say you have to have a physical presence in the district. You need to have employees and operations physically present in the district, even according to what you cited.
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Your reading of this case is at odds with the logic of the ruling:
“These facts are in contrast with those in Cordis, where it was clear that the place of business was established by Cordis. Cordis’s business specifically depended on employees being physically present at places in the district, and it was undisputable that Cordis affirmatively acted to make permanent operations within that district to service its customers there.”
Even without the two retail stores and the employees, Apple has tens of thousands of customers in the court's district and it services those customers in exactly the manner of the Cordis example.
“The statute requires a place, i.e., [a] building or a part of a building set apart for any purpose or quarters of any kind from which business is conducted. William Dwight Whitney, The Century Dictionary, 732 (Benjamin E. Smith, ed. 1911); see also Place, Blacks Law Dictionary (1st ed. 1891) (defining place as a locality, limited by boundaries). The statute thus cannot be read to refer merely to a virtual space or to electronic communications from one person to another. ” In re: Cray Inc., 871 F.3d 1355, 1362 (Fed.Cir. 2017)
“While the place need not be a fixed physical presence in the sense of a formal office or store, Cordis, 769 F.2d at 737, there must still be a physical, geographical location in the district from which the business of the defendant is carried out. ” In re: Cray Inc., 871 F.3d 1355, 1362 (Fed.Cir. 2017)
“Accordingly, while a business can certainly move its location, it must for a meaningful time period be stable, established. On the other hand, if an employee can move his or her home out of the district at his or her own instigation, without the approval of the defendant, that would cut against the employees home being considered a place of business of the defendant. ” In re: Cray Inc., 871 F.3d 1355, 1363 (Fed.Cir. 2017)
“Finally, the third requirement when determining venue is that the regular and established place of business must be the place of the defendant. As the statute indicates, it must be a place of the defendant, not solely a place of the defendants employee. Employees change jobs. Thus, the defendant must establish or ratify the place of business. It is not enough that the employee does so on his or her own.
Relevant considerations include whether the defendant owns or leases the place, or exercises other attributes of possession or control over the place. One can also recognize that a small business might operate from a home; if that is a place of business of the defendant, that can be a place of business satisfying the requirement of the statute. ” In re: Cray Inc., 871 F.3d 1355, 1363 (Fed.Cir. 2017)
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The reason companies started going there in the first place was to get quicker, more technically savvy judgements, than they could get around DFW.
I believe that TI (and no one would call them a troll) was among the first to use the East District long ago, because DFW courts were / are slammed with drug cases.
This is true. But that’s ancient history. People don’t go there because of the speed nowadays. If speed was the primary consideration they’d file suit in the eastern district of Virginia or central district of California.
