Four new mandamus orders from the Federal Circuit stemming from Judge Alan Albright’s court in Waco Texas.
- In re Apple, 21-181 (Fed. Cir. Nov 15, 2021). Abuse of discretion to deny transfer motion. No significant ties between the action and the W.D.Tex. Apple does have thousands of employees in the district, but the key employees related to the infringement are not in the district.
- In re Altassian Corp., 21-177 (Fed. Cir. Nov 15, 2021). Abuse of discretion to deny transfer motion even though defendant is from Australia and has a major Austin Office. None of its employees who work in Austin, Texas possess unique knowledge about the accused products.
- In re Google, 21-178 (Fed. Cir. Nov 15, 2021). Abuse of discretion to deny transfer motion even though defendant maintains a major office in Austin. None of its Austin employees were involved with developing the accused functionalities.
- In re Merkai Integrated Circuit (21-180). Mandamus was moot, Judge Hughes wrote separately to chastise Judge Albright’s orders. This case is interesting — can a defendant request transfer, but reserve the right to argue that the new court lacks personal jurisdiction?