O’Melveny Worldwide

The Recorder: Recent Trends in Federal Circuit Mandamus Addressing Transfer Motions Denied by Texas District Courts

April 25, 2023

O’Melveny partner Mark Liang and counsel Daniel Silverman co-authored this article discussing trends in an active mandamus practice before the US Court of Appeals for the Federal Circuit for review of motions to transfer for convenience denied by Texas federal district courts in patent infringement suits. The article also considers how the Fifth Circuit’s late 2022 decision in In re Planned Parenthood Federation of America Inc. may affect the Federal Circuit’s grant rate. “It remains to be seen how In re Planned Parenthood and other future Fifth Circuit transfer decisions will influence the Federal Circuit’s mandamus review of transfer motions,” the authors wrote. “So far, the Federal Circuit has not denied mandamus based on In re Planned Parenthood’s analysis of the transfer factors. But given the Federal Circuit’s recent downward trend in granting mandamus relief, the Federal Circuit may turn to In re Planned Parenthood’s reasoning to deny future petitions requesting transfer.”

Read the full article here.