writ of mandamus : CAFC Alert

The Federal Circuit finally provided guidance on patent venue rules and struck down Judge Gilstrap’s patent venue rules

Sung-Hoon Kim | October 23, 2017

In Re: Cray Inc.

September 21, 2017

Before Lourie, Reyna, and Stoll.  Opinion by Lourie.


Cray petitioned for a writ of mandamus directing reversal of the order of the U.S. District Court for the Eastern District of Texas denying its motion to transfer venue and directing the district court to transfer the case to the Western District of Wisconsin.  The Federal Circuit found that the EX of TX misinterpreted the scope and effect of the precedent in determining that Cray maintained “a regular and established place of business” in the ED of TX within the meaning of §1400(b).  Therefore, the Federal Circuit held that the ED of TX’s decision to refuse transfer of the case was an abuse of discretion and granted Cray’s petition.

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The Federal Circuit Resolves Uncertainties of Venue Selection in Patent Cases

Sung-Hoon Kim | May 6, 2016

In Re: TC Heartland LLC

April 29, 2016

Before: Moore, Linn, and Wallach.  Opinion by Moore.


The Federal Circuit denied a petition for a writ of mandamus by TC Heartland LLC (“Heartland”) after the U.S. District Court for the District of Delaware denied its motions to dismiss the complaint for lack of personal jurisdiction and transfer venue.  The Federal Circuit held that Congress’ 2011 amendments to 28 U.S.C. §1391 did not overruled the VE Holding Corp. and actually broadened the applicability of the definition of corporate residence.  Therefore, at least for now, the status quo remains in place with regard to venue in patent cases.

본 사건은 Heartland사가 연방항소법원에 Kraft사를 상대로 직무집행영장소송 (Writ of Mandamus)을 제기한 건으로, 연방항소법원은 기존의 특허 소송 재판지 (venue) 관련 판례를 뒤집지 않고 Heartland의 청원을 기각한다.  당분간 특허 소송 재판지에 관한 논란은 줄어들 것으로 예상된다.  하지만 특허소송 재판지는 특허 소송에 큰 영향을 미치므로 앞으로 의회 및 대법원의 대응을 주목할 필요가 있다.

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