Federal Circuit Refuses Transfer from E.D. Tex. to D. Mass.
Although not technically a D. Mass. case, this recent opinion from the Federal Circuit is an interesting take on the ongoing venue battles involving the Eastern District of Texas.
A number of defendants (none headquartered in Mass.) sought mandamus review following an E.D. Tex. ruling which declined to transfer a case to D. Mass. In favor of transfer the defendants noted that none of the parties or witnesses were in Texas and that the plaintiff’s incorporation in Texas (which happened just two months before the complaint was filed) was a “fiction.”
In a 2-1 decision (Judge Lourie dissented without opinion) the Federal Circuit panel declined to order a transfer noting that the standard for mandamus relief is “exacting” and not one the defendants had met.
The decision can be found here.
In re Apple, Inc., Misc. Docket No. 932 (Fed. Cir. May 12, 2010)
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