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December 15, 2010

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ColorQuick sued VistaPrint and OfficeMax for patent infringement in the Eastern District of Texas. Defendants wanted a transfer to Massachusetts. Denied. Petition to the CAFC for a writ of mandamus, to overturn, failed. "In sum, there are cases where to hold a trial court to a meaningful application of the § 1404(a) factors presents only one correct outcome. In those cases, mandamus may be appropriate. A case such as this, however, shows that a meaningful application of the factors often creates a reasonable range of choice. Under such circumstances, it is entirely within the district court's discretion to conclude that in a given case the § 1404(a) factors of public interest or judicial economy can be of "paramount consideration," Volkswagen II, 566 F.3d at 1351, and as long as there is plausible support of record for that conclusion we will not second guess such a determination, even if the convenience factors call for a different result." This, with an approving nod to EDT Judge Davis from his upstairs brethren: "the trial court performed a detailed analysis explaining that it is very familiar with the only asserted patent and the related technology, and where there is a co-pending litigation before the trial court involving the same patent-in-suit..." (CAFC 2010-m954o) precedential

Posted by Patent Hawk at December 15, 2010 11:37 AM | Case Law