Apple loses Mandamus Transfer Action This Time

by Dennis Crouch

In re Apple Inc., No. 24-111 (Fed. Cir. 2024)

Federal Circuit has denied Apple’s petition for a writ of mandamus seeking to transfer a patent infringement case from the Western District of Texas to the Northern District of California. The case, Carbyne Biometrics, LLC v. Apple Inc., involves six patents related to authentication and fraud reduction technologies used in Apple devices. U.S. Patent Nos. 10,929,512; 11,475,105; 11,514,138; 9,972,010; 10,713,656; 11,526,886.

Back in May 2023, Carbyne filed the lawsuit in W.D. Tex. Austin division and the case was assigned to Judge Yeakel who promptly retired a few weeks later. After some shuffling, the case was reassigned to Judge Alan Albright. Although Albright is in the Waco division, he loves patent cases; has extra bandwidth because patent cases have been diverted from his Waco courthouse; and he’s willing to hear cases in Austin.

Once it became clear that Judge Albright would be in charge, Apple quickly filed a motion to transfer venue under Section 1404(a) — arguing that the venue was inconvenient despite the fact that Austin is the company’s second-home.

Judge Albright indicated his intention to deny the motion in December 2023 and Apple quickly filed a mandamus petition with the Federal Circuit, requesting the court to direct the district court to stay proceedings until the written decision was issued or to transfer the case to the Northern District of California.

Continue reading Apple loses Mandamus Transfer Action This Time at Patently-O.