B&I Lawyers Prevail on Venue Motion for Major Retailer PetSmart

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B&I Lawyers Prevail on Venue Motion for Major Retailer PetSmart


Just because your client is one of the largest multi-channel retailer for pet supplies in America doesn’t mean that it can be sued anywhere for patent infringement. On April 15, 2020, United States Senior District Judge Bruce S. Jenkins granted a motion to dismiss for improper venue filed by Brann & Isaacson client, PetSmart, in a patent infringement action brought by Modern Font Applications, LLC. The Court agreed with partners Peter Brann, David Swetnam-Burland, and Stacy O. Stitham, that even though PetSmart had stores in Utah, the plaintiff failed to allege what actions PetSmart took in Utah that infringed the patent. The Court also denied the plaintiff’s motion for sanctions against PetSmart for filing its successful motion to dismiss.

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