For the fourth time since 2008, The Court of Appeals for the Federal Circuit issued a writ of mandamus ordering a patent case to be transferred out of E.D. Texas. The most recent case stemmed from Judge Davis' denial of Nintendo's motion to transfer the Motiva LLC v. Nintendo Co., case to the Western District of Washington. Motiva is an Ohio-based company. Nintendo is a Japanese company with a Redmond, Washington based affiliate. The Federal Circuit found that the district court "clearly abused its discretion in denying transfer from a venue with no meaningful ties to the case."

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Three other notable cases the Federal Circuit ordered to be transferred out of E.D. Texas are In re. Volkswagen of Am., Inc., 545 F.3d 304 (5th Cir. 2008), In re TS Tech USA Corp., 551, F3d 1315 (Fed. Circ. 2008) and In re: Hoffman-La Roche Inc.