This morning the Federal Circuit issued a nonprecedential order denying a petition for a writ of mandamus seeking to order the United States District Court for the Western District of Texas to stay all non-venue proceedings until ruling on a motion to dismiss or transfer. Here is language from the opinion.
In re Bose Corp. (Nonprecedential)
Bose Corporation petitions for a writ of mandamus directing the United States District Court for the Western District of Texas to stay all non-venue-related proceedings until the district court resolves Bose’s pending motion to dismiss or transfer. Koss Corporation opposes.
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The only deadlines Bose seeks to stay are the deadlines to file its responsive Markman brief and sur-reply Markman brief. Bose has identified no authority establishing a clear legal right to stay those deadlines nor shown that it will be irreparably harmed absent a writ. This court has generally refused to grant such extraordinary relief under these circumstances, In re Apple Inc., 844 F. App’x 364, 365 (Fed. Cir. 2021), and we see no reason to do so here. We expect the district court will promptly decide the pending motion to dismiss or transfer.
IT IS ORDERED THAT:
The petition is denied.