Venue Mandamus Petitions Continue to Flow to the Federal Circuit - Patently-O

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by Dennis Crouch

We’ve been writing a lot about venue and mandamus petitions at the Federal Circuit.  The cases continue to flow to the court, and will continue so long as appellate panels continue to entertain them.

In October 2021, 10 new mandamus petitions were filed to the Federal Circuit in patent cases.

• 22-100 In re: Overhead Door Corporation (E.D. Tex.) (proper but inconvenient forum);
• 22-101 In re: Advanced Micro Devices, Inc. (W.D. Tex.) (proper but inconvenient forum);
• 22-103 In re: Arista Networks, Inc. (W.D. Tex.) (proper but inconvenient forum);
• 22-104 In re: Google LLC (W.D. Tex.)  (proper but inconvenient forum);
• 22-105 In re: Amperex Technology Limited (D.N.J.) (proper but inconvenient forum);
• 22-106 In re: Juniper Networks, Inc. (E.D. Tex.) (proper but inconvenient forum);
• 22-107 In re: Medtronic, Inc. (W.D. Tex.) (arguing both improper venue and also inconvenient forum);
• 22-108 In re: Volkswagen Group of America, Inc. (W.D. Tex.) (improper venue; are dealerships a place of business for VW);
• 22-109 In re: Hyundai Motor America (W.D. Tex.) (improper venue; are dealerships a place of business for Hyundai); and
• 22-110 In re: Netflix, Inc. (E.D. Tex.) (arguing both improper venue and also inconvenient forum).

I’m quite skeptical of parties use of Section 1404 in patent litigation. All of the parties listed above are major nationwide companies that have successfully litigated in courts across the country.  The motivation behind “convenient forum” litigation is all about judge shopping.  Patentees want certain judges; defendants want different judges.  But, that motivation does not provide any legal basis for transfer of venue.  So, instead parties argue that the file server location in California and the lack of non-stop flights makes it too hard to litigate in Texas.  Truthfully, it is hard for me to believe that the Federal Circuit is so engaged with rescuing these folks from burdensome file transfers.

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