Jenner & Block

Client Alert: In re Adobe: Federal Circuit Directs Transfer of Patent Suit from Western District of Texas

On July 28, the US Court of Appeals for the Federal Circuit granted a writ of mandamus and directed transfer of venue from the Western District of Texas, which is believed to be the first time the Federal Circuit addressed venue issues from that district. In recent years, the Western District has become a hotspot for new patent case filings where transfer requests have been routinely denied. The Federal Circuit’s order sends a clear message that its courts must give “proper weight to the convenience of the transferee forum” and may not give “dispositive weight to its ability to more quickly schedule a trial” under § 1401(a).

Similar to prior mandamus orders directed to the Eastern District of Texas, the court’s analysis provides a roadmap for parties to transfer a patent case out of the Western District to a more convenient forum. We first summarize the case and the Federal Circuit’s transfer analysis, and then discuss its implications that will guide transfer strategy in Western District patent disputes moving forward.

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