United States Federal Circuit

In patent litigation against numerous defendants brought in the Eastern District of Texas, a petition for mandamus seeking to have cases severed and transferred is granted in part, where: 1) mandamus was available as a remedy; 2) the district court applied an incorrect test on the issues of severance and joinder, so remand was necessary for the district court to determine whether the claims arose out of the same transaction, occurrence, or series of transactions or occurrences under the correct standard.

Appellate Information

• Decided 05/04/2012
• Published 05/04/2012

Judges

• Dyk

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Chris R. Ottenweller, John M. Desmarais