It Took Two Writs of Mandamus, but TracFone Finally Wins Transfer out of West Texas

April 23, 2021

As the Western District of Texas has risen in popularity as a patent venue, an appellate back-and-forth over its handling of outbound transfers has played a key role in that history—and now, one such dispute between NPE Precis Group LLC and TracFone Wireless will see a second chapter. It is rare for litigation to prompt a single writ of mandamus, much less two writs in such short succession. The Federal Circuit’s first writ, from early March 2021, ordered the district court to stay the underlying litigation during the pendency of TracFone’s motion to transfer. A second writ, from late last week, reversed the lower court’s subsequent, belated ruling and transferred the case to the Southern District of Florida, where TracFone’s principal place of business is located.

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