EMC Says Venue Transfer Denial Treads On MDL Panel's Power

Law360, New York (November 8, 2012, 6:32 PM EST) -- EMC Corp. told the Federal Circuit on Wednesday that a Texas federal judge had usurped the authority of the U.S.' multidistrict litigation panel by refusing to transfer a patent suit against the data storage company to another court.

EMC filed a petition for writ of mandamus last month arguing that the judge was wrong to rule that a suit against the company should stay in Texas because it had been pending there for two years. The case had only proceeded in Texas because the court failed to sever EMC, which had been wrongly joined as a defendant, until ordered to do...

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