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In re Apple Inc.

In re Apple Inc.

United States Court of Appeals for the Federal Circuit

October 1, 2021, Decided

2021-187

Opinion

ON PETITION AND MOTION

Per Curiam.

ORDER

Apple Inc. petitions for a writ of mandamus directing the [*2]  United States District Court for the Western District of Texas to vacate its order transferring this case from the Austin Division of the Western District of Texas to the Waco Division and to stay that order pending disposition of the petition. Because the district court cites no statutory authority for its re-transfer and because Austin remains the more convenient forum, we grant the petition and direct the district court to vacate its order.

Fintiv, Inc. filed the underlying patent-infringement suit against Apple in the Waco Division of the Western District of Texas in December 2018. In September 2019, the district court judge granted-in-part Apple's motion to transfer venue of the action to the Austin Division of the Western District of Texas, where the same judge continued to preside over the case. Although the district court denied transfer to Apple's preferred destination in Northern California, the district court agreed with Apple that the Austin Division of the Western District of Texas was, at the time, clearly more convenient for trial.

The district court scheduled the trial to begin in Austin on October 4, 2021. But on September 8, 2021, one month before trial, the district [*3]  court ordered the case re-transferred back to Waco. In its order, the district court explained only that "[j]ury trials in the Austin courthouse ha[ve] largely been suspended" due to the COVID-19 pandemic, that "it remains uncertain whether the Austin courthouse will be open for jury trial in the foreseeable future," and that such intervening events "frustrated the original purpose of transferring this action to the Austin Division." Order at 1-2, Fintiv, Inc. v. Apple Inc., 6:21-cv-00926-ADA (W.D. Tex. Sept. 8, 2021), ECF No. 386 ("Re-Transfer Order").

Apple now petitions this court for a writ of mandamus directing the district court to vacate the re-transfer order and to stay that order pending disposition of the petition. Fintiv opposes both requests. We have jurisdiction under 28 U.S.C. §§ 1651 and 1295.

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2021 U.S. App. LEXIS 29659 *; 2021 WL 4485016

In re: APPLE INC., Petitioner

Notice: THIS DECISION WAS ISSUED AS UNPUBLISHED OR NONPRECEDENTIAL AND MAY NOT BE CITED AS PRECEDENT. PLEASE REFER TO FEDERAL RULES OF APPELLATE PROCEDURE RULE 32.1 GOVERNING THE CITATION TO UNPUBLISHED OPINIONS.

Prior History:  [*1] On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas in No. 6:21-cv-00926-ADA, Judge Alan D. Albright.

CORE TERMS

district court, re-transfer, parties, convenient, transferring, mandamus

Civil Procedure, Appeals, Standards of Review, Abuse of Discretion, Writs, Common Law Writs, Mandamus, Venue, Federal Venue Transfers, Convenience Transfers, Motions to Transfer, Interests of Justice, Convenience of Parties, Improper Venue Transfers, Judicial Officers, Judges, Discretionary Powers, Convenience of Witnesses, Injunctions, Grounds for Injunctions, Public Interest