571-765-7700
Federal Circuit Does Not Disturb Transfer Denial

On September 27, 2021, the Federal Circuit denied a mandamus petition filed by Intel and Samsung seeking transfer to the Northern District of California. The Court held that Intel and Samsung did not show a clear and indisputable right to transfer, stating that it was not prepared to second-guess Judge Albright's findings concerning operations within the Western District of Texas deemed likely to be important sources of evidence and witnesses in Samsung’s case. The Federal Circuit also held Judge Albright reasonably found that keeping the cases against Samsung and Intel before one court would preserve judicial economy and minimize the potential for inconsistent judgments and could not say that Intel has shown that the transferee venue is so clearly more convenient as to override those benefits in its case. The Federal Circuit also discounted the significance of a declaratory judgment suit in the Northern District of California filed after the Texas cases were filed.