This morning, the Federal Circuit issued a nonprecedential opinion denying a petition for a writ of mandamus regarding a motion to transfer venue. Here is the text of the order.
In re Google LLC (Nonprecedential Order)
Google LLC petitions for a writ of mandamus ordering the United States District Court for the Eastern District of Texas to vacate and reconsider its decision denying Google’s motion to dismiss or transfer the case for improper venue under 28 U.S.C. § 1400(b). Google also asks this court to stay the district court proceedings pending resolution of the venue issue at this court and on remand to the district court. Personalized Media Communications LLC (“PMC”) opposes.
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Google raises viable arguments based on the law of agency and this court’s precedent, and we are concerned that the district court did not move more quickly to resolve Google’s motion. Nonetheless, we are not satisfied that, based on the record before us, Google’s right to a writ is clear and indisputable. Moreover, Google can obtain meaningful review of the district court’s venue ruling after final judgment in the case, In re HTC Corp., 889 F.3d 1349, 1353 (Fed. Cir. 2018).
Accordingly,
IT IS ORDERED THAT:
The petition for a writ of mandamus is denied and the motion to stay proceedings is denied as moot.