Federal Circuit Denies Groupon’s Transfer a Second Time

us-patent-office-600x330(Washington, D.C. – Wednesday, April 23, 2014) Defendant Groupon Inc. filed a writ of mandamus to transfer its case from the Eastern District of Texas to the Northern District of Illinois. The plaintiff, Blue Calypso Inc., commenced the action in its home state of Texas and more specifically the Eastern District of Texas. Blue Calypso accused Groupon of infringing five of its patents by operating a computer-based advertising service to registered users within an advertisers geographical area.

Groupon originally filed a motion to transfer the case to the Northern District of Illinois. The Honorable Judge Michael H. Schneider denied the motion last September recognizing that of the eight motion to transfer factors, seven factors were neutral and only one slightly favored transfer. Judge Schneider determined that the Northern District of Illinois was, therefore, not clearly more convenient. The Federal Circuit sided with Judge Schneider’s determination of the facts and denied Groupon’s writ to transfer the case. Groupon accordingly will be required to proceed on the merits of the case in the Eastern District of Texas.




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