News & Analysis as of

Appeals Patents Motion to Transfer

McDermott Will & Emery

High Burden Dooms Intra-District Transfer Request

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The US Court of Appeals for the Federal Circuit denied a mandamus petition requesting transfer from the Marshall division to the Sherman division within the US District Court for the Eastern District of Texas, finding that...more

McDermott Will & Emery

TikTok: Federal Circuit Follows Fifth Circuit, Transfers Case for Witness Convenience

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In the first mandamus decision applying the US Court of Appeals for the Fifth Circuit’s new transfer motion guidelines under 28 U.S.C. 1404(a), the Federal Circuit followed suit and transferred a case for witness convenience....more

McDermott Will & Emery

That Stings: Consent to Jurisdiction Must Be Effective at Filing to Invoke Fed. R. Civ. P. 4(k)(2)

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The US Court of Appeals for the Federal Circuit, on petition for writ of mandamus, vacated the district court’s transfer order and remanded the transfer to be considered under the clarified parameters of Fed. R. Civ. P....more

McDermott Will & Emery

Golden State of Mind: Witness Convenience Isn’t Based Solely on Travel Distance

The US Court of Appeals for the Federal Circuit ordered a district court to transfer a patent infringement case from Texas to California because the district court had wrongly assessed facts relating to the convenience of...more

McDermott Will & Emery

Dude, Where’s My Venue? Texas Car Dealerships Aren’t Distributor Agents

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The US Court of Appeals for the Federal Circuit vacated a district court’s denial of motions made by two car distributors to transfer cases out of the Western District of Texas for improper venue, finding that the patent...more

McDermott Will & Emery

California, I’m Coming Home: Transfer to Venue Where Products Were Designed Is Appropriate

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The US Court of Appeals for the Federal Circuit denied a patent owner’s petition for writ of mandamus, finding that the district court properly transferred a case from the Eastern District of Virginia to the Northern District...more

McDermott Will & Emery

Federal Circuit to WD Tex.: Denial of Transfer Motion was Clear Error, Abuse of Discretion

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For the third time in as many months, the US Court of Appeals for the Federal Circuit found clear error in the US District Court for the Western District of Texas’s denial of a defendant’s motion to transfer venue. In re...more

McDermott Will & Emery

Eight-Month Delay on Transfer Motion Ruling Is “Egregious,” Warrants Stay

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The US Court of Appeals for the Federal Circuit issued a rare grant of a mandamus petition directing a district court to stay proceedings until ruling on a pending motion to transfer, stating that the district court’s...more

White & Case LLP

Federal Circuit Directs Transfer Out of the Western District of Texas Finding Clear Abuse of Discretion in Judge Albright's Denial

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Since Judge Alan D. Albright took the bench in the Western District of Texas in September 2018, the number of patent litigation cases in that district has risen exponentially....more

Knobbe Martens

In Re ZTE (USA) Inc.

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Federal Circuit Summaries - Before Reyna, Linn, and Hughes. On Petition for Writ of Mandamus to the Eastern District of Texas. Summary: Under Federal Circuit law, the plaintiff bears the burden of showing that venue is...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

PATENT CASE OF THE WEEK - WesternGeco LLC v. Ion Geophysical Corp., Appeal Nos. 2016-2099, -2100, -2101, -2332, -2333, -2334 (Fed. Cir. May 7, 2018) - In an appeal from an inter partes review, the Federal Circuit...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Knobbe Martens

Federal Circuit Review - October 2017

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Federal Circuit Denies En Banc Rehearing in Mentor Graphics v. EVE-USA - In Mentor Graphics Corp. v. Eve-USA, Inc., Appeal Nos. 2015-1470, 2015-1554, 2015-1556, the Federal Circuit denied Synopsys’ and EVE’s petition for...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

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