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Patents Patent Infringement Writ of Mandamus

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd.

Azurity Pharmaceuticals, Inc. v. Alkem Laboratories Ltd., Appeal No. 2023-1977 (Fed. Cir. Apr. 8, 2025) In our Case of the Week, the Federal Circuit affirmed that defendant Alkem’s proposed generic antibiotic did not...more

McDermott Will & Emery

Mandamus Denied but Jurisdictional Door Left Open a Crack

The US Court of Appeals for the Federal Circuit denied a patent owner’s writ of mandamus seeking to prevent a defendant from amending its answer to add an affirmative licensing defense, but also noted that the defense was...more

Haug Partners LLP

In re TikTok: Fifth Circuit Grants Writ of Mandamus Intending to Improve Consistency of Decisions From Transfer of Venue Motions...

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The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern...more

Knobbe Martens

The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

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IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...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

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - March 2022 #2

In re: Volkswagen Group of America, Inc. and In re: Hyundai Motor America, Appeal Nos. 2022-108, -109 (Fed. Cir. Mar. 9, 2022) - In the most recent of multiple mandamus rulings issued by the Federal Circuit in relation to...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

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions: Mylan Labs. Ltd v. Janssen Pharmaceutica, N.V.,...

Mylan appealed from a Patent Trial and Appeal Board (Board) discretionary denial of institution of an inter partes review (IPR) proceeding. The Board declined to institute Mylan’s IPR under NHK-Fintiv, a multi-factor analysis...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit Appeals from the PTAB and ITC: Summaries of Key 2021 Decisions

[co-author: Jamie Dohopolski] Last year, the continued global COVID-19 pandemic forced American courts to largely continue the procedures set in place in 2020. The U.S. Court of Appeals for the Federal Circuit was no...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - September 2021 #4

In re: Juniper Networks, Inc., Appeal No. 2021-160 (Fed. Cir. Sept. 24, 2021)- In this week’s Case of the Week, the Federal Circuit issued its fifth writ of mandamus this year ordering transfer of a patent case out of the...more

Knobbe Martens

The Location of Witnesses and Relevant Evidence Still Reigns Supreme in Venue Decisions

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In Re: Juniper Networks, Inc. Before Lourie, Bryson, and Taranto. Per Curiam. On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas. Summary: A party’s relatively...more

McDermott Will & Emery

Discretion to Authorize Hague Alternative Service on Foreign Defendant—it’s All About Time and Cost

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The US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus, directing the US District Court for the Western District of Texas to dismiss multiple infringement actions for insufficient service of...more

WilmerHale

CAFC Patent Cases - July 2021

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IN RE: SAMSUNG ELECTRONICS CO., LTD., SAMSUNG ELECTRONICS AMERICA, INC., LG ELECTRONICS INC., LG ELECTRONICS USA, INC. [OPINION] (2021-139, 2021-140, 6/30/2021) (Lourie, Dyk, Reyna) - Dyk, J. Granting the writs of...more

Knobbe Martens

Characterizing Plaintiff’s Actions as Attempts to “Manipulate Venue,” Federal Circuit Orders Transfer of Cases to More Convenient...

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IN RE: SAMSUNG ELECS., CO., LTD. Before Lourie, Dyk, and Reyna.  On Petitions for Writs of Mandamus to the U.S. District Court for the Western District of Texas. Summary:  Manipulation of venue through...more

WilmerHale

CAFC Patent Cases, 10/26/20 – 11/09/20

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Precedential Federal Circuit Opinions: In Re NITRO FLUIDS L.L.C. [ORDER] (2020-0142, 10/28/28) (REYNA, WALLACH, and CHEN)  - Reyna, J.  The Court considered a petition for a writ of mandamus seeking transfer from the...more

Knobbe Martens

District Court Ordered to Take a Second Look at the First-To-File Rule

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IN RE: NITRO FLUIDS - Before Reyna, Wallach, and Chen. Petition for writ of mandamus to Western District of Texas. Summary: The balance of transfer factors must favor keeping a case in a second-filed court in order to...more

McDermott Will & Emery

Overcoming Heavy Burden Required to Succeed on Venue-Related Writ of Mandamus

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Addressing a venue challenge, the US Court of Appeals for the Federal Circuit denied a petition for a writ of mandamus because the challenger did not demonstrate it had no adequate alternative means to obtain desired relief...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit: Transfer Appropriate Even When Most Evidence Located Abroad When Original Forum Has No Direct Connection to the...

The Federal Circuit granted a writ of mandamus to transfer a patent infringement case from the Eastern District of Texas to the Northern District of California because the latter had some local interest in the case, while the...more

McDermott Will & Emery

Where Should This Case Go? Appeals Court Tosses Venue Motion to Dismiss

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Addressing for the first time whether a court must consider the adequacy of an alternative forum in its forum non conveniens analysis, the US Court of Appeals for the Federal Circuit affirmed the denial of a defendant’s...more

Knobbe Martens

Federal Circuit Review - February 2020

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PTAB May Not Cancel Claims on the Grounds of Indefiniteness in an IPR Proceeding - In Samsung Electronics America v. Prisua Engineering Corp., Appeal No. 19-1169, the Federal Circuit held that the Patent Trial and Appeal...more

Schwabe, Williamson & Wyatt PC

Latest Federal Circuit Court Cases - November 2018 #3

ArcelorMittal Atlantique Et Lorraine v. AK Steel Corporation, Appeal No. 2017-1637 (Fed. Cir. Nov. 14, 2018) - In an opinion originally filed as sealed on Nov. 5 and unsealed on Nov. 18, the Federal Circuit vacated and...more

Knobbe Martens

In Re Oath Holdings Inc.

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Federal Circuit Summary - Before Dyk, Reyna, and Taranto, per curiam. Petition for Writ of Mandamus from the District Court for the Eastern District of New York. Summary: In a case pending before TC Heartland was...more

WilmerHale

Federal Circuit Patent Updates - September 2018

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Hyatt v. Pato (No. 2017-1722, 9/24/18) (Reyna, Wallach, Hughes) - Hughes, J. Reversing dismissal for lack of subject matter description stating, “the exclusive jurisdiction of this court and the Eastern Virginia district...more

WilmerHale

Federal Circuit Patent Updates - August 2018

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Ericsson Inc. v. Intellectual Ventures I LLC (No. 2017-1521, 8/27/18) (Reyna, Taranto, Chen) Reyna, J. - Vacating and remanding the PTAB’s IPR decision because the PTAB erred in not considering portions of the petitioner’s...more

Knobbe Martens

In Re: Power Integrations, Inc.

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Federal Circuit Summary - Before O’Malley, Bryson, and Chen. Appeal from the Patent Trial and Appeal Board. Summary: A writ of mandamus cannot be used as an alternative means of obtaining appellate review of...more

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