Judge Albright Denies Transfer Motion After Federal Circuit Flags Delayed Ruling

February 5, 2021

The Federal Circuit has just issued another order addressing a venue challenge in litigation before Western District of Texas Judge Alan D. Albright. Late last month, defendant SK hynix sought the appellate court’s intervention after its motion to transfer litigation filed by Netlist to California sat fully briefed for eight months, while Judge Albright moved ahead on claim construction. On February 1, the Federal Circuit partly granted the defendant’s mandamus petition, agreeing that the delay was unwarranted and ordering the district court to stay the case until it ruled on the transfer motion. That stay would prove short-lived, as Judge Albright denied the transfer motion the next day—holding that the case could not be moved under either the first-to-file rule or on convenience grounds. In the wake of that ruling, the Federal Circuit has declined to extend its stay in the case pending its consideration of a second, pending mandamus petition to be filed by SK hynix.

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