Late yesterday and this morning, the Federal Circuit released three nonprecedential orders. One grants an unopposed motion to deconsolidate appeals and dismiss an appeal; one transfers an appeal to the Court of Appeals for the Fifth Circuit; and one vacates an order denying transfer from the Eastern District of Texas to the Western District of Tennessee and remands the case. Here is text from the orders.
Traeger Pellet Grills LLC v. International Trade Commission (Nonprecedential Order)
Traeger Pellet Grills LLC moves unopposed to deconsolidate the above-captioned appeals and dismiss Appeal No. 2022-1312. Traeger also moves unopposed to intervene in the remaining appeal, Appeal No. 2022-2171.
Upon consideration thereof, IT IS ORDERED THAT:
(1) The motions, ECF Nos. 16 and 17, are granted. Appeal No. 2022-1312 is dismissed. The revised official caption and short caption for the remaining appeal, Appeal No. 2022-2171, are reflected in this order.
(2) Each side shall bear its own costs in Appeal No. 2022-1312.
(3) GMG Products LLC’s opening brief is due no later than 60 days from the date of filing of this order. The Commission’s and Traeger’s briefs are due no later than 40 days from the date of filing of GMG’s opening brief.
Nixon v. General Motors Corp. (Nonprecedential Order)
Tracy Nixon appeals from the district court’s dismissal of his complaint and moves for leave to proceed in forma pauperis. In a prior attempt to appeal from this suit, we explained that Mr. Nixon’s complaint failed “to present a non-frivolous claim arising under the patent laws” and that his case was “outside of our limited jurisdiction.” Nixon v. Gen. Motors Corp., No. 2021-1120, slip. op. at 2 (Fed. Cir. Jan. 21, 2021) (citation and internal quotation marks omitted). Nothing has changed that would warrant a different conclusion here. We therefore transfer this appeal pursuant to 28 U.S.C. § 1631 to the appropriate regional circuit, the United States Court of Appeals for the Fifth Circuit.
IT IS ORDERED THAT:
Pursuant to 28 U.S.C. § 1631, this appeal and all transmittals are transferred to the United States Court of Appeals for the Fifth Circuit.
In re FedEx Corporate Services, Inc. (Nonprecedential Order)
FedEx Corporate Services, Inc. (“FedEx”) petitions for a writ of mandamus directing the district court to transfer the case from the United States District Court for the Eastern District of Texas (“EDTX”) to the United States District Court for the Western District of Tennessee (“WDTN”) under 28 U.S.C. § 1404(a). R2 Solutions LLC (“R2”) opposes.
For the reasons provided below, we conclude that the district court erred in its analysis of the local interest factor and failed to provide a sufficient explanation for its conclusions regarding the witness-related factors. In light of those errors, we are unable to effectively conduct mandamus review on the present record. We accordingly vacate the district court’s order denying transfer and remand for additional proceedings.
IT IS ORDERED THAT:
The petition is granted to the extent that the district court’s order denying FedEx’s motion to transfer is vacated and the case is remanded for further proceedings consistent with this order.