CAFC Refuses to Block Retransfer of VLSI Case Ahead of Planned Trial

January 25, 2021

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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