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ARTICLE · 10 FEBRUARY 2010

Federal Circuit Orders Transfer From Eastern District Of Texas Yet Again

Finnegan, Henderson, Farabow, Garrett & Dunner LLP
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In In re Nintendo Co., No. 09-M914 (Fed. Cir. Dec. 17, 2009), the Federal Circuit granted Nintendo Co., Ltd. ("NCL") and Nintendo of America Inc.’s ("NOA") (collectively "Nintendo") petition for a writ of mandamus holding that the district court clearly abused its discretion in denying Nintendo’s motion to transfer venue under 28 U.S.C. § 1404(a).

United StatesIntellectual Property
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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In re Nintendo Co. (http://tinyurl.com/yenlylw )

Judges: Rader (author), Clevenger, Dyk
[Appealed from E.D. Tex., Judge Davis]

In In re Nintendo Co., No. 09-M914 (Fed. Cir. Dec. 17, 2009), the Federal Circuit granted Nintendo Co., Ltd. ("NCL") and Nintendo of America Inc.'s ("NOA") (collectively "Nintendo") petition for a writ of mandamus holding that the district court clearly abused its discretion in denying Nintendo's motion to transfer venue under 28 U.S.C. § 1404(a).

Motiva, LLC ("Motiva") filed suit in the U.S. District Court for the Eastern District of Texas against Nintendo alleging that the Nintendo Wii infringed Motiva's U.S. Patent No. 7,292,151 ("the '151 patent"). NCL is a Japanese corporation with headquarters in Kyoto. NOA is a Washington corporation, with its principal place of business in Redmond. Motiva is an Ohio limited liability company, with its principal place of business in Dublin. At the time of Nintendo's transfer request, four

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