Mandamusing an Alternative Service of Process Order

Practitioners in Texas patent courts see orders granting or denying motions to permit alternative service all the time.  What we see less often is the Federal Circuit weighing in on a request by an alternatively-served defendant for mandamus relief from such a motion.  Here the Federal Circuit affirmed Judge Albright’s decision, providing some useful guidance on what’s permissible and the standard for review (with an Easter egg on mandamus standards).

Motion For Leave To Effect Alternative Service By Email Granted

Judge Gilstrap granted the motion in modified form after detailing the plaintiffs exhaustion of “all reasonable means of attempting to contact” the defendant including taking what the court characterized as the “enterprising step” of purchasing a product to try to find better contact information.

Motion To Dismiss For Lack of Personal Jurisdiction & Improper Service And  For Transfer Recommended Denied

Judge Payne denied the motions to dismiss for lack of personal jurisdiction and insufficient process, as well as the motion to transfer to the CDTX, with the defendant’s arguments from the former tripping up the latter.