Fed. Circ. Sends Microsoft Patent Suit To Wash. State

Law360, New York (November 9, 2010, 1:07 PM EST) -- A federal appeals court has invoked a rare writ of mandamus to overrule a decision to let a software patent infringement suit against Microsoft Corp. continue in Texas rather than Washington state.

Plaintiff Allvoice Developments U.S. LLC gamed the system by creating the appearance of diversity jurisdiction in the Eastern District of Texas, a no-no that the district court should have identified and stopped, the U.S. Court of Appeals for the Federal Circuit ruled Monday.

Microsoft, whose headquarters, witnesses and relevant documents are located in Redmond,...
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