Hash: SHA1

5th Circuit Ruling Shoots Down IP Rocket Docket

,----[ Quote ]
| Companies being sued for patent infringement just got a
| get-out-of-the-Eastern-District-of-Texas-rocket-docket-for-free card, thanks
| to an en banc ruling from the 5th Circuit.
| In a split 10-7 decision, the panel on Friday issued a writ of mandamus
| ordering Eastern District Judge John Ward to transfer a product liability
| case against Volkswagen to Dallas, where the car crash in the underlying case
| took place.
| The majority wrote that "the district court clearly abused its discretion and
| reached a patently erroneous result," when it denied Volkswagen's efforts to
| have the case moved. The car company argued that the proper venue should be
| the district where the crash took place.
| Although the case -- a family suing over design defects in the Volkswagen
| Golf after a fatal accident on a Dallas freeway -- has nothing to do with
| patent law, the circuit's decision will have big implications for the flood
| of patent infringement lawsuits regularly filed in what has come to be known
| as the country's most plaintiff-friendly venue.



Will the 5th Circuit Ground an Eastern District of Texas Rocket Docket?

,----[ Quote ]
| In a mandamus case that could significantly alter one of the hottest federal
| civil dockets in Texas, the full 5th U.S. Circuit Court of Appeals heard
| arguments on Thursday over whether a trial judge's discretion should be
| limited when a party moves to transfer venue.

Version: GnuPG v1.4.9 (GNU/Linux)