The Federal Circuit’s 2020-2021 Patent Venue Mandamus Cases (Part 2 of a 4-Part Series)

While I was in trial last week Texas Lawyer published the second article of a 4-part series I co-authored with Erick S. Robinson and Karl Rupp. ALM subscribers can access the article here.

Part 1 of this series identified two reasons for the large number of Federal Circuit opinions granting mandamuses reversing Western District of Texas Judge Alan D Albright’s rulings denying patent defendant motions to transfer venue. The article referenced the Federal Circuit’s well-documented tendency to add requirements to statutes, and the panel-specific nature of many Federal Circuit decisions, pinpointing that while 13 judges were eligible to sit on the mandamus panels, only four have overwhelmingly granted the petitions. But those four judges—along with Judge Taranto—sit on a disproportionate number of panels, and have designated for publication several of the opinions in their cases.

This article examines this second aspect of the 2020 – 2021 opinions in more detail, including reasons why more petitions for mandamus review of venue decisions make their way to certain judges, and especially those filed by certain types of defendants.

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This blog does not constitute legal advice. If you’d like to discuss a related legal matter, please contact Michael C. Smith via email or call 903-938-8900.