Second Quarter 2021: Judge Albright's Transfer Orders In Review

The second quarter of 2021 was a busy quarter for transfer motions for Judge Albright. For 2Q 2021, we reviewed the transfer-related orders and procedures for Judge Albright. Here are our observations.

During 2Q 2021, the Federal Circuit weighed in five times, granting two mandamus petitions and denying three. In TracFone and in Samsung, the Federal Circuit took issue with the court's evaluation of the private-interest factors related to willing and unwilling witnesses and in Samsung also took issue with the court's evaluation of the plaintiff's venue manipulation and its assignment of "significant weight" to rapid disposition of the case. For two of the denials, Apple and Bose, the Federal Circuit relied on the court's March 23, 2021 standing order that transfer motions would be resolved before Markman hearings. For the third denial in Western Digital, the Federal Circuit did not find clear abuse of discretion, though it would have evaluated the factors