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Judge Albright Denies Two Apple Convenience Transfers but Keeps Only One of Those Cases

April 14, 2023

Plaintiffs tied to monetization firm Atlantic IP Services Limited have launched multiple litigation campaigns with cases most often filed in the Western District of Texas. A frequent defendant, Apple, has responded with repeated motions to transfer, for convenience, to the Northern District of California, with various results: several remain in limbo before District Judge Alan D. Albright after the Federal Circuit issued a writ of mandamus requiring that the transfer motions be adjudicated before the end of discovery; another was stricken in its entirety as a discovery sanction; and other such motions have been granted—with a bit of an asterisk, that is, over extensive criticism of a repeat venue declarant. Most recently, Judge Albright has outright denied an Apple motion to transfer in one Atlantic IP-tied suit, and, in an order newly made public, transferred another of those cases—but not to the Northern District of California, as Apple had requested.


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