Patent Litigation In Eastern Texas: Is The Party Over?
January 5, 2009, 12:00 AM EST
Law360, New York (January 5, 2009, 12:00 AM EST) -- For the third time, appeals courts have issued writs of mandamus instructing the U.S. District Court for the Eastern District of Texas to transfer cases from that district to other courts pursuant to 28 U.S.C. § 1404 (a). Twice, the Fifth Circuit issued the writ in products liability cases and, most recently, the Federal Circuit issued one in a patent case.
The three cases are: In re Volkswagen, 371 F.3d 201 (5th Cir. 2004) (“VW I”); In re Volkswagen, 545 F.3d 304 (5th Cir. 2008) (en...