Tuesday, February 19, 2008

1404(a) and the Fifth Circuit

We posted here about the In re Volkswagen of America Inc. opinion--a Fifth Circuit panel opinion that made it easier to obtain a 1404(a) transfer by eliminating the requirement that the balance of convenience and justice substantially weigh in favor of transfer.  The Fifth Circuit has decided to rehear the case en banc.  The Fifth Circuit's decision may have a significant impact on the little Texas town of Marshall with its Fire Ant Festival and massive federal docket of some of the world's most important IP litigation because, as this article discusses, the Federal Circuit will probably apply the Fifth Circuit's 1404(a) transfer standard.--Counseller         


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