Home Legal Advice Federal Circuit Moves Another Case Out of W.D.Tex.

Federal Circuit Moves Another Case Out of W.D.Tex.


In re TracFone Wireless, Inc. (Fed. Cir. 2021)

In its second go-round within the case, the Federal Circuit has ordered District Court Judge Albright to grant TracFone’s movement to switch its case to the S.D.Fla. on comfort grounds under 28 U.S.C. § 1404(a).  “We conclude that the district court clearly abused its discretion in denying transfer under § 1404(a).”  Generally, Section 1404(a) offers substantial discretion to the district courtroom to find out whether or not or to not switch a case to a special venue.  The statutory tips deal with “the convenience of parties and witnesses [and] the interest of justice”

In its opinion, the appellate panel walked by means of the events/witnesses:

  • Patentee Precis is a Delaware firm with “no disclosed place of business.”
  • The key inventor more likely to testify (Karvenon) lives in Mankato.
  • The lawyer intertwined in patent prosecution more likely to testify lives in Arizona.
  • Defendant TracFone can be a Delaware firm, its principal office is in Miami Florida. TracFone has recognized for Florida-Based witnesses more likely to testify.

Effectively, there isn’t any cause for this case to be in Waco, Texas.  Still, the district courtroom defined that the comfort right here, in his discretion, didn’t rise to being “clearly more convenient” in order to demand switch.   On appeal, the Federal Circuit disagreed — discovering the district courtroom’s conclusion “clearly flawed.”

The courtroom didn’t reach the difficulty of improper venue that was additionally raised.

Read it right here: TracFone Decision April 2021

TracFone: Mandamus All Over Again

Timing the Venue Inquiry in W.D. Texas

Egregious Delay and Blatant Disregard for Precedent




Please enter your comment!
Please enter your name here