On Dec. 2, 2011, the U.S. Court of Appeals for the Federal Circuit issued its decision in In re Link_A_Media Devices, which granted a petition for a writ of mandamus directing the U.S. District Court for the District of Delaware to transfer a patent case.1 Although the Federal Circuit had granted similar mandamus petitions in 10 previous cases, all 10 of those successful petitions sought transfer from the Eastern District of Texas.2 Because it was the first time that the Federal Circuit overturned a venue decision from a jurisdiction other than the Eastern District of Texas, Link_A_Media prompted considerable speculation that the District of Delaware would become more amenable to transfer motions and a less desirable forum for patentees to file infringement actions.3
Such speculation appears, at least thus far, to have been largely unfounded. Although the transfer rate for patent cases filed in the District of Delaware has increased slightly since Link_A_Media, the judges in that jurisdiction have taken a relatively narrow view of the Federal Circuit’s decision. The opinions issued by the District of Delaware in the past year suggest that unless the facts supporting a transfer motion closely track those in Link_A_Media, the court is no more likely today to transfer a case than it was before that case was decided.
Background on Link_A_Media
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