Here is an update on recent en banc activity at the Federal Circuit. The court received a new petition for rehearing filed in a patent case concerning a question of proper venue. Here are the details.
Since our last update, RingCentral, Inc., a software company that provides cloud-based communication services, filed a petition for rehearing en banc in In Re RingCentral, Inc. A panel of the court denied a petition for a writ of mandamus seeking to transfer this patent case out of the Western District of Texas. The petition for rehearing asks the Federal Circuit to consider the following question:
- “Under 28 U.S.C. § 1400(b), absent venue manipulation, must facts supporting venue exist when suit is brought?”