Mark Liang, left, and Daniel Silverman, right, of O’Melveny & Myers. Courtesy photos
The last three years have seen an active mandamus practice before the U.S. Court of Appeals for the Federal Circuit for review of motions to transfer for convenience denied by Texas federal district courts in patent infringement suits. This article analyzes trends in that mandamus practice, including a recent decline in the Federal Circuit’s grant rate for mandamus petitions. The article also considers how the Fifth Circuit’s late 2022 decision in In re Planned Parenthood Federation of America Inc., may affect the Federal Circuit’s grant rate.
Background Trends
Under 28 U.S.C. § 1404(a), a party may seek a change of venue “[f]or the convenience of parties and witnesses, in the interest of justice.” Courts first consider “whether a civil action ‘might have been brought’ in the destination venue.”
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