Federal Circuit Orders Transfer of Google Case to Northern Calif.
The U.S. Appeals Court for the Federal Circuit granted Google’s mandamus petition Wednesday, vacating a U.S. District Court for Western Texas in Waco order that denied the transfer of Jawbone Innovations’ patent infringement complaint against the company to Northern California…
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(see 2211160043). The Federal Circuit directed that the transfer now take place, said its order (docket 23-101). U.S. District Judge Alan Albright said the factor considering all other practical problems that make trial of a case easy, expeditious and inexpensive weighs against transfer, but “this was clearly erroneous,” said the Federal Circuit. Albright also said the cost of attending trial for willing witnesses weighed only slightly in favor of transfer, it said: “This was clearly erroneous as this factor weighs heavily in favor of transfer.” It’s “evident” that Northern California “would be more convenient for potential witnesses,” it said. “Four factors favor transfer and four factors are neutral. No factor weighs against transfer.” Albright “clearly erred in finding otherwise and its decision to deny Google’s motion to transfer was a clear abuse of discretion.”