09 January 2009

Eastern District of Texas under threat after Federal Circuit ruling (full version)

Eileen McDermott, New York

The US Court of Appeals for the Federal Circuit last week granted a petition for writ of mandamus ordering a patent case to be transferred out of the Eastern District of Texas, possibly signalling the end of that district as the most popular patent venue in the country

In October, an en banc panel of the 5th Circuit Court of Appeals granted a writ of mandamus - or an order issued by a superior court compelling a lower court to adhere to the law - in In re Volkswagen, claiming that the Eastern District of Texas had "clearly abused its discretion" in refusing to transfer a product liability case out of its jurisdiction.

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Eastern District of Texas under threat after Federal Circuit ruling (full version)

The rest of this article is available to subscribers to Managing IP only.

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