Kasowitz Defeats Apple’s Motion to Transfer Patent Case From Texas to California

Kasowitz Defeats Apple’s Motion to Transfer Patent Case From Texas to California

In a patent case on behalf of Fintiv, Inc., Kasowitz Benson Torres has defeated Apple’s motion to transfer venue of Fintiv, Inc. v. Apple Inc. from the Western District of Texas to the Northern District of California.  The case will now proceed to discovery.  The complaint in the action alleges that Apple Wallet and the Apple Watch infringe Fintiv’s patent relating to the management of virtual cards stored on mobile devices. 

In his September 10, 2019 decision denying the motion, Judge Alan D. Albright held that “Apple’s presence in both districts is neutral in terms of transfer, but Fintiv’s and [supplier] NXP’s combined presence weighs against transfer…the local interest in having localized interests decided at home weighs against transfer.” 

The Kasowitz team representing Fintiv is led by partner Jonathan K. Waldrop and includes partners Darcy L. Jones and Marcus Barber, Special Counsel Daniel C. Miller, and associates Rodney R. Miller and Heather S. Kim.