Venue Switch and Witness Credibility

In re: Roku, Inc. (Fed. Cir. 2023)

IOEngine sued Roku for patent infringement again in 2021. As is frequent with massive company defendants sued in Waco, Roku requested Decide Albright to switch the case to N.D. California on comfort grounds below 28 U.S.C. 1404.  Decide Albright refused — noting that Roku’s company witness lacked credibility and his testimony was “both deceptive or primarily based on an insufficient investigation of the info.”  Specifically, the document confirmed a number of Roku staff with “notably related data” of the case situated within the W.D. Tex. (Austin), however that Roku had indicated all potential worker witnesses have been situated in Northern California.

Nonetheless, Roku petitioned for mandamus with some confidence, having seen the Federal Circuit beforehand repeatedly nitpick the work of Decide Albright on switch motions.  Though Roku didn’t expressly declare that Decide Albright was biased, it did argue a failure of “goal evaluation” (basically the equal).

Objectively assessing the info exhibits that the [Roku] staff in WDTX recognized by IOENGINE don’t possess related materials data. And, even when they do, their data is, at finest, cumulative to the data of Roku staff in NDCA.

Roku Petition.  In fact, the second sentence suggests the issue with Roku’s argument.

Ultimately right here, the appellate panel didn’t transfer ahead — holding that denial of switch was not a “clear abuse of discretion” because the district court docket thought of the related elements in its conclusion that Roku failed to indicate that the Northern District of California was clearly extra handy.

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