Judge T. John Wardand by implication the Eastern District of Texasreceived a smart rap on the knuckles from the U.S. Court of Appeals for the Federal Circuit at the end of 2008 that could signal the twilight of the district’s popularity for filing patent cases. The Federal Circuit issued a rare mandamus order granting TS Tech USA Corp.’s request to transfer venue from the Eastern District of Texas to the Southern District of Ohio, a venue that TS Tech maintained had more and better contacts with the lawsuit than Texas.
The case was originally filed in Marshall, Texas, by Lear Corp. against TS Tech for infringing patents related to vehicle headrest assemblies. At the end of 2007, TS Tech, which is based in Reynoldsburg, Ohio, filed a motion to transfer venue to the Southern District of Ohio, arguing that the main witnesses and the physical and documentary evidence resided there, in Michigan, or in Canadawith the later two locations closer to Ohio than Texas. Neither party was incorporated in Texas nor had offices there, TS Tech also pointed out.
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