Transfer Right When You Pick A Court Just For Venue Court Needs Link to Case

In re Acer, Misc. No. 942, [SCHALL, Gajarsa, Moore] (2010), the Federal Circuit granted a petition for mandamus transferring the case from the Eastern District of Texas to the Northern District of California. Mandamus is available to correct correct a “patently erroneous denial of transfer”. The Court must consider both the private interest factors of (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, and the public interest factors of (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 laws or in the application of foreign law. Mandamus was used to correction a “patently erroneous denial of transfer”.
The Federal Circuit concluded “the convenience of the parties and witnesses, the sources of proof, the local interest, and the compulsory process factors all significantly favor transfer. Mean-while, no factor remotely favors keeping this case in the Eastern District of Texas. Although Dell may be a likely source of evidence at trial.”