Posts Tagged: "venue"

CAFC Grants Mandamus on Netflix Motion to Transfer Out of Gilstrap’s Court

The U.S. Court of Appeals for the Federal Circuit (CAFC) today granted Netflix, Inc.’s Petition for Writ of Mandamus to transfer a case brought against it by CA Inc. and Avago Technologies from Judge Rodney Gilstrap’s Eastern District of Texas court to the Northern District of California. The Order is the latest in a series of decisions from the CAFC censuring Texas courts for their refusal to transfer cases. In today’s ruling, the CAFC said the district court’s denial of transfer was a clear abuse of discretion and ordered the court to transfer the case, but did not address Netflix’s motion to dismiss the case for lack of venue.

Federal Circuit Affirms Dismissal of Celgene’s Hatch-Waxman Suit Against Mylan, Clarifying Venue and Pleading Requirements

On November 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celgene Corp. v. Mylan Pharmaceuticals Inc. affirming a ruling of the District of Delaware, which dismissed a Hatch-Waxman lawsuit against related Mylan entities for either improper venue or failure to state a claim upon which relief could be granted. In issuing the decision, the Federal Circuit found that Mylan’s submission of a notice letter to Celgene regarding Mylan’s paragraph IV certification to the U.S. Food and Drug Administration (FDA) stating that Mylan’s generic version of the multiple myeloma treatment Pomalyst would not infringe Celgene’s patents was not itself an act of infringement for purposes of the patent venue statute.

CAFC Grants Mandamus to Apple on Petition to Vacate Albright’s Intra-District Re-Transfer

On Friday, October 1, the U.S Court of Appeals for the Federal Circuit (CAFC) ordered the latest in a series of recent grants of petitions for writ of mandamus, ordering Judge Alan Albright’s court to vacate its decision to re-transfer a case between Apple and Fintiv  from Austin, Texas back to Waco, Texas. Fintiv originally filed the case in the Waco division of the U.S. Court of Appeals for the Western District of Texas in December 2018, and in September 2019 the district court granted-in-part Apple’s motion to transfer the case to Austin. The court denied Apple’s request to transfer the case to the Northern District of California, but agreed that Austin was more convenient. The trial was scheduled to begin in October 2021, but in September, the court ordered transfer back to Waco, explaining that the COVID-19 pandemic had suspended jury trials for the forseeable future.

CAFC Grants Mandamus Relief to Juniper Networks in Latest Directive to Albright on Transfer

On Friday, September 24, the United States Court of Appeals for the Federal Circuit (CAFC) granted Juniper Networks, Inc.’s petition for a writ of mandamus directing Judge Alan Albright of the United States District Court for the Western District of Texas (WD of TX) to transfer six actions to the United States District Court for the Northern District of California, holding that denying the motion to transfer constituted a legal error. The Federal Circuit has repeatedly granted such mandamus petitions from the WD of TX, or ordered Albright to reconsider denials of motions to transfer, in recent months.

CAFC Affirms Improper Venue Ruling in Victoria’s Secrets’ Favor

On August 3, the U.S. Court of Appeals for the Federal Circuit (CAFC) affirmed the Eastern District of Texas’ partial grant of Victoria’s Secret Stores LLC, Victoria’s Secret Stores Brand Management Inc, and Victoria’s Secret Direct Brand Management’s (the Defendants) motion to dismiss Andra Group, LP’s (Andra’s) patent infringement suit for improper venue. In April 2019, Andra sued the Defendants for infringement of U.S. Patent No. 8,078,498 (‘498 patent), which claims inventions directed to presenting articles on a webpage. Andra’s infringement claims focus on the victoriassecret.com website, and other functional smartphone applications for using the “master display field,” which the ‘498 patent claims.