In re: Intel Corporation, 2021-111
The Federal Circuit denied Intel's mandamus petition seeking to vacate Judge Albright's order re-transferring the case from the Austin Division back to the Waco Division pursuant to 28 U.S.C. § 1404(a). In a per curiam decision, the Federal Circuit acknowledged the Western District's compliance with its December 2020 writ of mandamus order. The Western District assessed whether "'unanticipated post-transfer events frustrated the original purpose for transfer' of the case from Waco to Austin originally" and "concluded that it did and that re-transfer to Waco was warranted." The court concluded that "[w]hile we may have evaluated these factors and the parties' arguments differently, we are unable to say that the district court's conclusion amounts to a clear abuse of discretion."
Jury selection is on February 11, 2021 with trial set to begin on February 16, 2021 in Waco.
Read the Federal Circuit's order here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.