Motion to Transfer Venue Based on “First to File” Rule Granted

Of all the opinions Judge Hall authored while I clerked for him, Texas Instruments, Inc. v. Micron Semiconductor, Inc., 815 F. Supp. 994, 997 (E.D. Tex. 1993) seems to be the most-cited. While the case dealt with several issues, its central holding, that once the “substantial similarity” test is met, the “first-to-file” rule accords the first-filed court the responsibility to determine which case should proceed, was the part of the opinion cited again by Judge Gilstrap earlier this month in transferring a case.