This morning, the Federal Circuit issued a precedential opinion affirming the dismissal of a government contracts case as time-barred. The Federal Circuit also issued a nonprecedential order late yesterday denying a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case. Here are the introductions to the opinion and order.
Creative Management Services, LLC v. United States (Precedential)
Creative Management Services, LLC appeals the decision of the United States Court of Federal Claims dismissing its complaint as time-barred. Because the complaint was not timely filed within the twelve-month statute of limitations established by the Contract Disputes Act, 41 U.S.C. § 7104(b)(3), we affirm.
In re SK hynix Inc. (Nonprecedential Order)
In March 2020, Netlist, Inc. sued SK hynix Inc. and SK hynix America Inc. (collectively, “SK hynix,” unless otherwise indicated) in the Western District of Texas, asserting infringement of U.S. Patent Nos. 9,858,218 and 10,474,595. In early May, SK hynix moved to transfer venue to the Central District of California, and the papers were complete by the end of May. In January 2021, with no ruling having been issued, SK hynix sought mandamus from this court to compel transfer. We ordered that district court proceedings be stayed until the district court ruled on the transfer motion in a reviewable opinion. In re SK hynix Inc., No. 2021-113, 2021 WL 321071 (Fed. Cir. Feb. 1, 2021). The next day, the district court denied the transfer motion, issuing an opinion that explains why. Appx647–63. SK hynix now petitions for mandamus again. We deny the petition, concluding that SK hynix has not shown that the district court clearly abused its discretion.