The CAFC vs. Texas: Mandamus and the Battle Over Venue

The CAFC vs. Texas: Mandamus and the Battle Over Venue

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The Federal Circuit, like all appellate courts, is supposed to give substantial deference to the district court with respect to decisions on a motion to transfer, but is that what is happening? With respect to petitions for writ of mandamus relating to motions to transfer venue filed in the Eastern and Western Districts of Texas the Federal Circuit has aggressively ordered transfers out of Texas.

In one case, an overruled Judge Albright’s venue order pointed to the fact that no evidence was presented suggesting that any witness would be required to be compelled to testify. Yet, despite the lack of evidence the Federal Circuit still found abuse of discretion and ordered the case transferred.

This panel will discuss the current state of the law relating to venue, transfer, and mandamus. The panel will also dissect Federal Circuit decisions for best practices on how to win and how to oppose motions to transfer at the district court. Finally, the panel will consider whether the Federal Circuit is appropriately applying mandamus standards and whether the law relating to transfer is an archaic mishmash that simply has no relevance in a post-pandemic video-conferencing world where business, including trials, are increasingly conducted remotely.

CLE Materials (requested in Virginia only)

The Federal Circuit’s Obsession with Judge Albright is Becoming Increasingly Bizarre

Federal Circuit: Clear Attempts to Manipulate Venue Won’t Defeat Motions to Transfer

Federal Circuit grants Google mandamus petition to transfer patent case out of Eastern Texas