June 01, 2009

TS Tech's Impact on Transfer Decisions

TS Tech, 555 F.3d 1315 (Fed. Cir. 2008), and, to a lesser extent for patent cases, Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008), have changed the landscape of § 1404(a) cases in the Fifth Circuit. Patent cases that once would not have been transferred out of the Fifth Circuit may now be transferred based on TS Tech. As such, parties need to be mindful of these cases, and all facts relevant to the public and private interest factors described therein, before proceeding with patent litigation in the Fifth Circuit district courts. Read More.
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