Please be advised of a recent significant decision in a patent case from the U.S. Court of Appeals for the Federal Circuit. On December 29, 2008, in In re TS Tech USA Corp., the Federal Circuit granted a writ of mandamus transferring a patent case out of the Eastern District of Texas. For the full opinion, visit http://www.cafc.uscourts.gov/opinions/09-M888.pdf.
The Federal Circuit found that Judge Ward had not properly applied the balancing test for a forum non conveniens transfer and was wrong to deny the motion to transfer.
Although the transfer inquiry remains fact specific and the traditional balancing test still applies, this decision could have implications on cases currently pending in the Eastern District of Texas or on cases filed there in the future. Our East Texas Practice Group has analyzed this decision, and we are prepared to discuss the potential impacts on existing cases if such a discussion would be of interest to you.