Dish Patent Suit Booted From West Texas on Take Two at Fed. Cir.

Oct. 21, 2021, 4:08 PM

Dish Network LLC won the Federal Circuit’s backing in its second attempt to have the court order Judge Alan Albright to move a patent case against it out of Waco, Texas.

In August, the U.S. Court of Appeals for the Federal Circuit declined to grant Dish’s mandamus petition to order Albright to send Broadband iTV Inc.'s infringement suit from his U.S. District Court for the Western District of Texas courtroom to the District of Colorado.

The appeals court said mandamus wasn’t necessary “because we are confident the district court will reconsider its determination in light of the appropriate legal standard and precedent on its own.” Judge Jimmie V. Reyna criticized the court’s order at the time as “mandamus light.”

After Albright again declined to transfer the case, the Federal Circuit held he had abused his discretion. “The center of gravity of this patent infringement action is clearly in Colorado, not in Western Texas,” the appeals court in an unsigned nonprecedential order.

The Federal Circuit found Albright erred in his analysis of several of the transfer factors it had addressed in earlier orders from his court involving Apple, Juniper, and Samsung.

“As in those cases, several of the most important factors bearing on the transfer decision in this case strongly favor the transferee court,” the Federal Circuit said. “While BBiTV may prefer to litigate its cases in the Western District of Texas, that is not enough to overcome a transfer motion directed to a district which is the home of evidence, witnesses, and the conduct giving rise to the action.”

Judges Kathleen M. O’Malley, Reyna, and Raymond T. Chen served on the panel.

Orrick, Herrington & Sutcliffe LLP represented Dish. MoloLamken LLP and Feinberg Day Kramer Alberti Lim Tonkovich & Belloli LLP represented Broadband iTV.

The case is In re DISH Network LLC, Fed. Cir., No. 21-182, mandamus granted 10/21/21.

To contact the reporter on this story: Perry Cooper in Washington at pcooper@bloomberglaw.com

To contact the editor responsible for this story: Renee Schoof at rschoof@bloombergindustry.com

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