1-Hour Program

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The last three years have seen an active mandamus practice before the U.S. Court of Appeals for the Federal Circuit for review of motions to transfer venue for convenience under 28 U.S.C. § 1404 in patent infringement suits filed in the Eastern and Western Districts of Texas.  This Briefing will cover recent trends in that mandamus practice, including statistics showing a recent decline in the Federal Circuit’s grant rate for mandamus petitions, and an analysis of how the Fifth Circuit’s late 2022 decision in In re Planned Parenthood Federation of America Inc., may affect the Federal Circuit’s grant rate.  Recent Trends in Federal Circuit Mandamus Addressing Transfer Motions Denied by Texas District Courts written by faculty presenters will be available to all registrants and provides more details.

Faculty will discuss:

  • Background on seeking transfer under § 1404 in patent cases, including specifically from Texas district courts [20 minutes]
  • Federal Circuit mandamus trends from 2020-23, including statistics on grants/denials [10 minutes]
  • Analysis of notable precedential decisions from the Federal Circuit between 2020-23 [20 minutes]
  • Fifth Circuit’s late 2022 In re Planned Parenthood decision, and its recent impacts on the § 1404 transfer analysis and mandamus practice before the Federal Circuit [10 minutes]


Program Level: Update

Prerequisites: None

Advanced Preparation: None




Mark Liang

O’Melveny & Myers LLP


Daniel Silverman

O’Melveny & Myers LLP


Credit Details