Judge Shopping vs. Judge Dodging: Federal Circuit Denies SAP's Transfer Request
Briefly

The Federal Circuit recently rejected SAP's mandamus petition, which sought to transfer its patent infringement case from the Marshall Division to the Sherman Division in the Eastern District of Texas. Despite SAP presenting strong arguments, they failed to meet the substantial burdens required for transfer and mandamus relief. This decision underscores the challenges of obtaining relief in venue disputes, particularly within a single district. It also marks Kathi Vidal's first Federal Circuit appeal since her return to Winston & Strawn after serving as USPTO director.
In a precedential decision, the Federal Circuit upheld a lower court's ruling denying SAP's request to transfer its patent infringement case and judges.
SAP's petition represented not only a legal strategy but also a continuation of efforts to challenge the status of Judge Albright's courtroom regarding patent cases.
The ruling emphasizes the difficulty in securing mandamus relief for venue disputes, particularly in cases seeking intra-district transfers.
This case marks the first Federal Circuit appeal involving Kathi Vidal since her departure from the USPTO, highlighting significant transitions in her legal career.
Read at Patently-O
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