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Video Game Co. Can't Move IP Suit Post-TC Heartland


A California federal judge Tuesday denied Valve Corp.’s bid to dismiss or transfer a suit alleging it infringed lip-sync animation technology, rebuffing the video game company's claim that it didn’t have an improper venue argument until the U.S. Supreme Court’s recent TC Heartland decision.

U.S. District Court Judge George H. Wu concluded in his seven-page ruling that Valve waived any issue of improper venue by waiting too long to file its objection. The Washington state-based company is among nearly two dozen video game companies, including Electronic Arts Inc. and Disney Interactive Studios, targeted in an infringement suit brought by animation patent holder McRO Inc.

The patents-in-suit are U.S. Patent Numbers 6,307,576 and 6,611,278.

McRO Inc. is represented by Mark S. Raskin and Robert Whitman of Mishcon de Reya New York LLP and Marc A. Fenster and Irene Y. Lee of Russ August & Kabat.

Valve Corp. is represented by Jan P. Weir and Kathrine J. Brandt of Michelman & Robinson LLP.

The case is McRO Inc. v. Valve Corp., case number 8:13-cv-01874, in the U.S. District Court for the Central District of California.

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