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ARTICLE · 05 FEBRUARY 2010

Federal Circuit Again Orders Transfer from Eastern District of Texas

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In In re Hoffmann-La Roche Inc., No. 09-M911 (Fed. Cir. Dec. 2, 2009), the Federal Circuit held that the U.S. District Court for the Eastern District of Texas clearly abused its discretion in denying the defendants' motion to transfer venue pursuant to 28 U.S.C. § 1404(a).

United StatesLitigation, Mediation & Arbitration
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
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Judges: Lourie, Friedman, Gajarsa (author)
[Appealed from E.D. Tex., Chief Judge Folsom]

In In re Hoffmann-La Roche Inc., No. 09-M911 (Fed. Cir. Dec. 2, 2009), the Federal Circuit held that the U.S. District Court for the Eastern District of Texas clearly abused its discretion in denying the defendants' motion to transfer venue pursuant to 28 U.S.C. § 1404(a). The Federal Circuit granted the petition for a writ of mandamus to direct the district court to transfer the case to the Eastern District of North Carolina.

Hoffmann-La Roche Inc., Roche Laboratories Inc., Roche Colorado Corp. (collectively "Roche"), and Trimeris, Inc. ("Trimeris") make Fuzeon®, an HIV inhibitor drug. Trimeris developed the drug in North Carolina. Roche manufactures and markets the drug at various facilities and through several subsidiaries in Colorado, Michigan, New Jersey, and Switzerland. Novartis Vaccines and Diagnostics, Inc. ("Novartis"), a company headquartered in California, brought

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