Considerations For Early Transfers In Multidefendant Cases

Law360, New York (January 17, 2013, 12:50 PM EST) -- Multiple, unrelated defendants sued together (or consolidated for pretrial purposes) in a single patent infringement case face significant challenges in obtaining early transfers of venue. The second In re EMC mandamus petition now pending before the Federal Circuit points out that, despite the America Invent Act’s joinder restrictions, district courts may increasingly justify denial of early motions to transfer venue based on judicial economy in order to address common pretrial issues, such as claim construction, in a single forum.[1]

On remand from the Federal Circuit’s first grant of mandamus in In re EMC, the Eastern District of Texas denied the petitioners’...

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