5th Circuit Seeks Dexon Response to Cisco’s Mandamus Petition
The 5th U.S. Circuit Court of Appeals asked Dexon to file a response or opposition by May 12 to the petition for mandamus relief filed April 25 by Cisco and CDW, said a clerk’s notice Tuesday (docket 23-40257). Cisco and…
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CDW seek reversal of a district court’s denial of a motion to transfer under the first-to-file rule (see 2304250056). Cisco sued Dexon, a reseller of computer networking equipment, in the Northern District of California to thwart Dexon’s alleged sales of counterfeit Cisco equipment. Dexon countersued, alleging Cisco wields monopoly power in the market for networking equipment, and that it recruited reseller CDW to help promote its anticompetitive conduct. The California court dismissed Dexon’s counterclaims with leave to amend. But rather than reassert those counterclaims in California, and while the California litigation remained pending, Dexon refiled the claims against Cisco and CDW in the Eastern District of Texas. Cisco, joined by CDW, moved unsuccessfully to transfer the case to the Northern District of California.