Posts Tagged: "petition for writ of mandamus"

APPLE JAZZ Trademark Fight Continues at CAFC

Office (USPTO) and Apple, Inc. file responses to his petition for writ of mandamus, the owner of the trademark APPLE JAZZ has filed a reply of his own charging that “the USPTO is not sincere and has never been sincere about deciding this case.” The latest briefs relate to a petition for writ of mandamus filed by Charles Bertini, owner of APPLE JAZZ, who has been embroiled in a fight with Apple over rights to the mark since 2016.

CAFC Grants Mandamus for Amazon, Ordering Albright to Transfer to Colorado

The U.S. Court of Appeals for the Federal Circuit (CAFC) today granted Amazon, Inc.’s petition for a writ of mandamus asking that Judge Alan Albright of the Western District of Texas be directed to sever claims brought by Flygrip, Inc. against it from claims made against another defendant and to transfer the case to a Colorado district court. Flygrip sued Amazon for direct and indirect patent infringement based on resale on Amazon’s platform of handheld-device cases manufactured by PopSockets, Otter Products and Quest USA Corp. PopSockets and Otter are headquartered in Colorado, so Amazon moved to transfer the case to the U.S. District Court for the District of Colorado.

CAFC Denies HPE Mandamus Petition for Transfer from Texas to Massachusetts

The U.S. Court of Appeals for the Federal Circuit (CAFC) today denied Hewlett Packard’s petition for a writ of mandamus ordering the U.S. District Court for the Western District of Texas to transfer its case to Massachusetts. Intellectual Ventures (IV) sued Hewlett Packard Enterprises (HPE) in the Western District of Texas, alleging infringement of a patent directed to data storage solutions assigned to IV. HPE moved for transfer, arguing that the development of the accused products occurred mostly in Massachusetts, but the district court denied the motion.

Federal Circuit Continues Transfer Trend, Orders Gilstrap to Send Google and Samsung Cases to Northern California

On May 23, the U.S. Court of Appeals for the Federal Circuit issued an order in In re: Google, LLC granting petitions by Google, Waze and Samsung seeking writs of mandamus to direct the Eastern District of Texas to transfer a trio of patent infringement suits brought by patent owner AGIS Software Development to the Northern District of California. Although the Federal Circuit’s order is non-precedential, it continues the appellate court’s recent penchant for exercising mandamus relief in venue issues that some commentators have found questionable, at best.

Federal Circuit Denies Mandamus in Due Process Violations Case Against Big Tech Companies

The CAFC on Friday, February 11, denied a petition for writ of mandamus filed by B.E. Technology in November of last year asking the court to intervene to “prevent an unconstitutional deprivation of B.E.’s property rights in the onslaught of IPR proceedings that have been brought to challenge the validity of its most critical patents.” B.E. has been embroiled in litigation with big tech companies like Facebook, Twitter and Google for close to a decade now. The CAFC said in its denial that “B.E. has not shown a clear right to a different result here by relying primarily on a self-published article that is outside of the record.”