Federal Circuit Denies Microsoft’s Transfer out of the Eastern District of Texas

us-patent-office-600x330(Washington, D.C. – Monday, May 5, 2014) The Federal Circuit determined that Plaintiff PersonalWeb Technologies LLC’s case against Microsoft Corp. for violation of certain patents should stay in the Eastern District of Texas. PersonalWeb commenced its action against Microsoft, Facebook, Apple, and others in September 2012. Microsoft later filed a motion to transfer the case to its home court in Washington. Chief Judge Leonard Davis denied the motion to transfer to preserve judicial economy because Microsoft’s case was similar to the other cases in suit before the Eastern District and because the plaintiff’s employee witnesses were in Texas.

The Federal Circuit cited the U.S. Supreme Court to support Judge Davis’ ruling and the basis for his ruling. Recognizing that the issue was a close one, the Federal Circuit refused to overturn the district court’s ruling on transfer. The Federal Circuit noted that “Microsoft’s accused technology apparently underlies at least one of the [other products] at issue.” Accordingly, Microsoft will be required to proceed with the case in the Eastern District of Texas.




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