Howard T. Markey National Courts Building/U.S. Court of Appeals for the Federal Circuit. Photo by Diego M. Radzinschi/ALM A Continuing Trend in Texas for Transfer Motions in Patent Cases? The Federal Circuit's Recent Decision in 'In re Fedex'
In his Patents and Trademarks column, Rob Maier discusses 'In re Fedex', where the U.S. Court of Appeals for the Federal Circuit granted a petition for writ of mandamus and ordered an Eastern District of Texas district court to reconsider a denial of a motion seeking a transfer of venue for convenience. The author notes that the court's analysis may provide helpful guidance for future cases on the issue.
November 22, 2022 at 11:00 AM
8 minute read
Patent Litigation
In a recent non-precedential decision, the Court of Appeals for the Federal Circuit granted a petition for writ of mandamus and ordered an Eastern District of Texas (EDTX) district court to reconsider a denial of a motion seeking a transfer of venue for convenience. In re Fedex Corporate Services (In re Fedex), No. 2022-156, slip op. at 9 (Fed. Cir. Oct. 19, 2022). The decision is the next in an increasingly long line of mandamus decisions in which the Federal Circuit has reversed or remanded decisions from Texas district courts on this issue, and suggests that the Federal Circuit will continue to carefully scrutinize these decisions on transfer motions going forward.
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