Yesterday, the Federal Circuit denied Intel's latest petition for writ of mandamus, declining to vacate Judge Albright's December 31 Order re-transferring Case No. 6:19-cv-254 (now Case No. 6:21-cv-57) back to Waco from Austin (See previous post detailing Intel's petition HERE). Thus, VLSI Technology LLC v. Intel Corp. appears to be headed to a jury in the Waco Division on February 16.
The three-judge panel consisting of Chief Judge Prost, and Circuit Judges Lourie and Chen (the same panel that granted Intel's first mandamus petition in this case - see previous post HERE), stated ...
On December 23, the Federal Circuit appeared to give Intel an early Christmas present by granting Intel’s Petition for Writ of Mandamus, vacating the previously set trial date of January 11, 2020 in Waco (see our previous post HERE regarding Intel's petition and the November 20 transfer back to the Waco Division). However, the Circuit Court was very deliberate in its limited holding and, more importantly, explicit in what it was not holding, overtly stating “we do not hold that the district court lacks the ability to effectuate holding trial in the Waco Division.”
The Federal ...
Yesterday marks the entry of the 11th supplemental order from Chief Judge Garcia regarding Court operations in WDTX during the pandemic. The evolution of the Court’s orders regarding COVID can all be accessed HERE.
The 11th Order is substantially similar to last month's order and essentially extends the status quo through January 31, 2021. As a general rule, all jury trials scheduled to begin through January 31, 2021 are continued. Bench trials may proceed if they can be conducted with appropriate safety precautions.
The Order also affirms divisional discretion to proceed ...
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With over 50 years of combined experience with federal court practice in the Western District, our team boasts former federal clerks and outstanding litigators with unrivaled experience in local federal litigation. Our contributors are all located in the Waco office of Naman, Howell, Smith & Lee. With an office just blocks from the Waco courthouse, we have our finger on the pulse of the emerging patent litigation practice in the Waco Division of the Western District, and we want to share that expertise with you.
