MANDAMUS GRANTED / FOR ABUSE OF DISCRETION / CASE SHOULD BE TRANSFERRED

In re Nintendo Co., Ltd., [MISCELLANEOUS DOCKET NO. 914] (December 17, 2009) [RADER, Clevenger, Dyk]] The Federal Circuit granted mandamus transferring the case from the Eastern District of Texas.
DISCUSSION: The Federal Circuit said that A motion to transfer venue should be granted upon a showing that the transferee venue is “clearly more convenient” than the venue chosen by the plaintiff. The Fifth Circuit applies the “public” and “private” factors for determining forum non conveniens when deciding a § 1404(a) motion to transfer venue.The private interest factors include: “(1) the relative ease of access to sources of proof; (2) the availability of compulsory process to secure the attendance of witnesses; (3) the cost of attendance for willing witnesses; and (4) all other practical problems that make a trial easy, expeditious and inexpensive.” The public interest factors include: “(1) the administrative difficulties flowing from court congestion; (2) the local interest in having localized interests decided at home; (3) the familiarity of the forum with the law that will govern the case; and (4) the avoidance of unnecessary problems of conflicts of law or in the application of foreign law.”