Slow down on Mandamus: Federal Circuit Refuses to Short Circuit Judge Albright’s Decision Process

In re Bose Corp (Fed. Cir. 2021)

Another mandamus venue case from Judge Albright’s Waco Texas courtroom. This time, however, the Federal Circuit has denied mandamus, holding that the defendant-petitioner had failed to show the requisite extraordinary cause.

The underlying lawsuit was filed in July 2020.  Koss Corp. v. Bose Corp., 6:20-cv-00661 (W.D. Tex.).  In December 2020, Bose filed its motion to dismiss/transfer for improper venue under 28 USC 1400(b).  Briefing completed on the motion in March 2021. Then, in April 2021 Judge Albright indicated that he planned to rule on the venue motion “next week” and that all deadlines remained in place as they await the decision.  Today, May 25, 2020, Judge Albright has still not ruled on the motion.  earlier this month Bose petitioned for mandamus asking the the appellate court to order Judge Albright to set everything aside until he decides the venue question.

In its analysis, the Federal Circuit found that Judge Albright has already taken steps to place the venue question next in line, and that he is not required to unduly delay other aspects of the case.  Notably, Judge Albright has entered standing orders regarding motions to transfer/dismiss:

• The Court will not conduct a Markman hearing until it has resolved the pending motion to transfer.

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