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 The Federal Circuit also issued a nonprecedential order late yesterday denying a petition for a writ of mandamus directing the Western District of Texas to transfer a patent case.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.
Breaking News – Federal Circuit Grants Mandamus Staying All Proceedings in Patent Case Pending Resolution of Motion to Transfer
Late yesterday the Federal Circuit granted a petition for a writ of mandamus related to a transfer motion filed in the Western District of Texas in a patent case. Notably, the Federal Circuit found that “the district court’s handling of the transfer motion up until this point in the case has amounted to egregious delay and blatant disregard for precedent.” As a result, the Federal Circuit ordered the district court to “stay all proceedings concerning the substantive issues in the case until such time that it has issued a ruling on the transfer motion capable of providing meaningful appellate review of the reasons for its decision.” Presumably the Federal Circuit issued the order late yesterday given that the district court had scheduled a hearing on the transfer motion for this morning. But, according to yesterday’s order, the district court scheduled that hearing only after the Federal Circuit ordered the filing of a response to the petition by yesterday. Here is the text of yesterday’s order.
This morning, the Federal Circuit issued one precedential opinion in a trademark case. The court also issued five nonprecedential opinions: one in an appeal from the Merit Systems Protection Board, two in patent cases, and two in veterans cases. Finally, the court issued four Rule 36 judgments. Here are the introductions to the opinions and links to the Rule 36 judgments.