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Motion to Transfer to Austin Denied

By Michael C. Smith

Versata v. Internet Brands, et al., 2:08cv313 (E.D. Tex. Sept. 30, 2009)

Judge: Chad Everingham

Holding:  Motion to Transfer Venue DENIED

Judge Everingham denied a motion to dismiss for lack of personal jurisdiction, improper venue and to transfer for inconvenient venue.   Plaintiffs were Austin, Texas-based companies.  Defendants were located in California, Canada and Michigan. 

Judge Everingham held that the defendants' interactive websites satisfied the test for personal jurisdiction, which in turn made venue proper, citing Trintec v. Pedre.  With respect to the convenience motion, after balancing the various factors, the Court concluded that the defendants had not met their burden to show that the Western District of Texas was "clearly more convenient".

Full post as published by Eastern District of Texas Federal Court Practice on December 15, 2009 (boomark / email).