Thursday, May 13, 2010

Apple's mandamus action fails to effect escape from ED Texas

In a nonprecedential order in In re Apple (an attempt to go from ED Tex to D Mass), the CAFC wrote:

To be sure, the status of Personal Audio, LLC, as a Texas corporation is not
entitled to significant weight, inasmuch as the company’s presence in Texas appears to
be both recent and ephemeral—its office is apparently the office of its Texas litigation
counsel, and it appears not to have any employees in Texas. Nonetheless, the
petitioners have not made a compelling showing that Massachusetts is a more
convenient forum, particularly in light of the fact that none of the defendants is
headquartered there
. The district court also addressed and rejected the petitioners’
claim that Massachusetts would be a more convenient forum for prospective witnesses
in the case, and we are not prepared to hold that the court’s conclusion in that regard
was plainly incorrect. In sum, the petitioners have failed to satisfy the demanding
standard required to justify the issuance of a writ of mandamus.

Apple loses.

See also


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