IV Case Against GM to Stay in the Western District of Texas

  • January 27, 2023
  • Category: Patent Litigation Feature
    Market Sector: Automotive

The Federal Circuit has denied a petition for a writ of mandamus that had sought an order requiring Western District of Texas Judge Alan D. Albright to transfer a case filed by Intellectual Ventures LLC (IV) (as Intellectual Ventures I LLC (IV I) and Intellectual Ventures II LLC (IV II)) against GM to the Eastern District of Michigan. Judge Albright having found, among other things, “that there were GM employees in the Western District of Texas with relevant and material information” and that “the Western District could compel the testimony of potential third-party witnesses, including inventor testimony”, the appellate court ruled that the district court’s findings “provide a plausible basis for the conclusion that GM failed to demonstrate that litigating this case in the transferee forum would be clearly more convenient”. Judge Albright denied GM’s motion to transfer one day before holding a claim construction hearing in the suit, the court handing down the resulting Markman order about a month later but doing something in parallel that it has relatively seldom done: entering a memorandum that explains the reasoning for the court’s constructions.

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