Freedom to litigate in Texas is more like it. Judge Mazzant denied the defendants’ motion to transfer Freedom Patents’ case to Colorado, finding two factors weighed against transfer, one factor weighs very slightly against transfer, and five factors were neutral. “Finding no factors weigh toward transfer,” he concluded, “the Court finds DISH has not met its burden to demonstrate that the District of Colorado is clearly more convenient, and the Court declines to transfer this case to the District of Colorado.”

Fifth Circuit Alters Transfer Standard to Require Movant to “Clearly Demonstrate” That Gains in Convenience Will Be “Significant” and Will “Actually Materialize”

A Friday opinion by the Fifth Circuit Court of Appeals makes some significant changes to the venue standards for cases bound by Fifth Circuit law. Writing for the panel, Judge Jerry Smith concluded that “[i]n essence, the district court transferred petitioners’ case to D.D.C. because of court congestion. That is a clear abuse of discretion, for which petitioners have no other remedy, with sweeping implications for this circuit’s § 1404(a) transfer standards. Accordingly, we grant the petition and direct the district court to request that the case be returned to the court à quo.” I have a more detailed analysis of the holding below the fold.

Motion to Dismiss or Transfer

Judge Payne recommended denial of the motion to dismiss for improper venue, finding that the defendant did have a regular and established place of business in the EDTX when suit was filed. He also recommended that the motion to transfer venue to the San Antonio Division of the WDTX be denied, finding that the defendant had not shown that that forum was clearly more convenient. (It’s unclear if this was the map of Texas that the defendant was using).