Western District of Texas Update No. 2

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Following up on the below discussion of Judge Albright’s new standing order regarding timing for the ruling on any motion to transfer, on May 25th the Federal Circuit Court of Appeals in In re Bose Corporation denied Defendant’s Writ of Mandamus to the Federal Circuit over Judge Albright’s refusal to rule on Bose’s Motion to Stay all Non-Venue proceedings until its Motion to Transfer was ruled upon.  The Federal Circuit noted that, as stated in the below update, under Judge Albright’s March 23, 2021 Standing Order, the Court “has made clear that it will not conduct a Markman hearing until after resolution of Bose’s pending motion to dismiss or transfer the case.”  The Court was not moved by Bose’s complaint that this timeline was not quick enough.  Noting that Bose “identified no authority establishing a clear legal right to stay those deadlines nor shown that it will be irreparably harmed absent a Writ,” the Court denied the petition for mandamus but noted that it expected “the District Court will quickly decide the pending motion to dismiss or transfer.” A copy of the short order can be found here.

Findlay Craft