Second Patent Case in a Year Ordered Transferred from E.D. Texas
By Stephanie Weiner – Edited by Jad Mills
In re Hoffman-La Roche Inc., et al., No. 911 (Fed. Cir. Dec. 2, 2009)
Slip Opinion
On December 2, 2009, a Federal Circuit panel granted Hoffman-La Roche’s petition for a writ of mandamus ordering the District Court for the Eastern District of Texas to transfer a patent infringement suit brought by Novartis to the Eastern District of North Carolina. The Federal Circuit found that district court “clearly abused its discretion” in denying petitioners’ motion to transfer the case pursuant to 28 U.S.C. § 1404(a). This is the second case within the year that the Federal Circuit has ordered transferred out of the Eastern District of Texas on mandamus. See In re TS Tech USA Corp., 551 F.3d 1315 (Fed. Cir. 2008).
Legal Pad says there was “no earthly reason” for the case to be in the Eastern District of Texas. Harness, Dickey & Pierce’s legal blog points out that this may portend an easier road for defendants seeking to transfer venue from the Eastern District of Texas, a district considered to be very plaintiff-friendly. Patently-O summarizes the case. (more…)