A Federal Circuit decision faulting an Eastern District of Texas judge for refusing to transfer a patent case to California may provide guidance for defendants seeking to escape the patent hotspot, but attorneys say it will remain tough to win transfers out of the district.
In a Feb. 23 decision, the appeals court ruled that U.S. District Judge Robert W. Schroeder III committed a “clear abuse of discretion” when he denied a motion to transfer Eolas Technologies Inc.’s infringement suit against Google Inc. to the Northern District of California, where the tech giant is based.
“My view is that this order really highlights how difficult it is to get a case transferred out of the Eastern District of Texas,” said Kia Freeman of McCarter & English LLP.