The Court of Appeals for the Federal Circuit recently granted yet another writ of mandamus, this time directing a magistrate judge in the Eastern District of Texas to stay proceedings and decide a motion to transfer that had been pending for over nine months. In re: Google, Inc., 2015-138 (Fed. Cir. July 16, 2015). This decision is a part of a continuing trend, since 2008, of the Federal Circuit taking issue with rulings from the Eastern District of Texas denying transfer motions in patent infringement actions or denying the stay of proceedings in favor of an action pending in another jurisdiction.
Google, Inc., brought the motion to transfer venue to the Northern District of California, three months after being sued by Brite Smart, Corp., in the Texas forum. The court required the parties to proceed with extensive discovery without deciding the transfer motion, including exchanging infringement and invalidity contentions, engaging in depositions, and even conducting a Markman hearing.