• Federal Circuit Applies Fifth Circuit's Volkswagen Criteria in Deciding Motion to Transfer
  • January 30, 2009 | Author: John E. Schneider
  • Law Firm: Fulbright & Jaworski L.L.P. - Houston Office
  • On December 29, 2008, a panel of the Court of Appeals for the Federal Circuit ("Federal Circuit") issued a decision relating to motions for change of venue under 28 U.S.C. ยง1404(a). Applying Fifth Circuit precedent, including In re Volkswagen America, Inc., 545 F.3d 304 (5th Cir. 2008) ("VW II"), the Federal Circuit granted TS Tech USA Corporation's ("TS Tech") petition for a writ of mandamus and transferred a pending patent suit from the Eastern District of Texas to the Southern District of Ohio.[1]