CAFC Refuses to Block Retransfer of VLSI Case Ahead of Planned Trial
The Federal Circuit has refused to order District Judge Alan D. Albright to vacate the recent retransfer, following a full convenience analysis, of a case brought by VLSI Technology LLC against Intel—from Austin, where courthouses remain closed in light of the COVID-19 pandemic, to Waco, where Judge Albright presides and where a scheduled February trial could theoretically still proceed (6:21-cv-00057). “Taking into account the relevant traditional transfer factors”, wrote the appeals court, Judge Albright concluded that “‘unanticipated post-transfer events frustrated the original purpose for transfer’ of the case from Waco to Austin originally”, and, “[w]hile we may have evaluated these factors and the parties’ arguments differently, we are unable to say that the district court’s conclusion amounts to a clear abuse of discretion”.
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