United States Eighth Circuit

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In re: Apple, Inc., 09-3689

In a suit by a manufacturer and distributor of digital music players against Apple, a petition for writ of mandamus seeking an order directing the U.S. District Court for the Western District of Arkansas to transfer the case to the U.S. District Court for the Northern District of California is granted where: 1) the inconvenience to defendant would be significantly minimized if the case were litigated in Northern California, and plaintiff would not face any material inconvenience by litigating in California rather than Arkansas; and 2) relative docket congestion could not override the several factors of convenience and justice that favor transfer.

Appellate Information

  • Submitted 02/19/2010
  • Decided 04/19/2010
  • Published 04/19/2010

Judges

  • Before BYE, MELLOY, and COLLOTON, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Kevin A. Crass, Little Rock, AR, Penolope A. Preovolos, Stuart C. Plunkett, San Francisco, CA, James M. Pratt, Jr., Camden, AR, for appellant.

  • For Appellees:
  • Richard A. Adams, Phillip N. Cockrell, Reid D. Miller, Leisa B. Pearlman, Corey D. McGaha, Jeremy Y. Hutchinson, Texarka, TX, Patrick Conroy, Theresa M. Dawson, Dallas, TX, for appellee.