WacoWatch

The Federal Circuit doubles down on its Apple decision finding that “the district court’s handling of the transfer motion up until this point in the case has amounted to egregious delay and blatant disregard for precedent.”

In this podcast, we discuss the Federal Circuit’s recent decision granting’s Apple’s third Mandamus petition to transfer to the Northern District of California. We share with our listeners the procedural orders leading up to the Mandamus order and discuss what litigants need to do early when looking at where to file and when to file a motion to transfer.

In May, Judge Albright orally denied Apple’s § 1404(a) motion to transfer the case filed by Uniloc to the Northern District of California. “After the hearing, but before issuing a written order, the court held a Markman hearing, issued its claim construction order, held a discovery hearing regarding the protective order in the case, and issued a corresponding discovery order.”

In May, Judge Albright orally denied Apple’s motion to transfer the case filed by Uniloc, and rather than waiting for Judge Albright to issue a written opinion, Apple filed its petition based on the oral denial. The Federal Circuit held its hearing on September 22, 2020. Although the hot weather may be fading away this time of year, the panel was still hot.