Summary: CAFC denies Writ of Mandamus.

Case: In re Apple Inc., No. 13-156 (Fed. Cir. Feb. 27, 2014) (precedential). On Petition for Writ of Mandamus to the E.D. Tex. Before Newman, Prost, and Reyna.

Procedural Posture: Apple seeks a writ of mandamus ordering the E.D. Tex. to transfer this case to the N.D. Cal. CAFC denies the writ.

  • Writ of Mandamus: The district court did not abuse its discretion in denying the motion to transfer, noting the lack of specificity in Apple’s assertions as to why the case should be transferred. The district court also did not abuse its discretion in denying Apple’s motion to supplement the record because there was no indication that the relevant information was not accessible when Apple filed the transfer motion.

Newman, dissenting:

  • Writ of Mandamus: The record did provide sufficient evidence to show that the facts of the case favored transfer and the case should be transferred to N.D. Cal.