Key Takeaway: Northern Virginia is home to datacenters that power roughly 70% of global internet traffic, including Amazon Web Services (AWS), which supports around 1.45 million businesses.1 However, a recent ruling offers crucial clarity for companies relying on AWS: simply using AWS servers in the region does not automatically establish venue for patent infringement cases in the Eastern District of Virginia.2
Article:
In a patent infringement action filed by AudioPod IP, LLC against defendants Amazon.com, Inc., Amazon.com LLC, Amazon Web Services, Inc. (AWS), and Audible, Inc., the central issue was whether Audible's use of AWS's Northern Virginia datacenter was enough to establish venue for the case in the Eastern District of Virginia.3
The defendants, including Audible'a Delaware corporation'moved to dismiss the case, arguing that the district was not the proper venue because Audible neither "resides" nor has a "regular and established place of business" there.4 The key question was whether Audible's use of AWS's servers in Ashburn, Virginia could establish such a presence. The court rejected that...
