Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

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Fed. Cir.

In re Trend Micro Inc., No. 12-M119 (Fed. Cir. Apr. 2, 2012)

Denied
Court
U.S. Court of Appeals for the Federal Circuit
Case No.
No. 12-M119
Decided
April 2, 2012
Judge
Per curiam
Document
Nonprecedential Opinion
Length
2 pages

Norte: This order is nonprecedential. Guited States Court of Appeals

for the Federal Circuit

IN RE TREND MICRO INCORPORATED, TREND MICRO, INC. (USA), CHECK POINT SOFTWARE TECHNOLOGIES LTD., CHECK POINT SOFTWARE

TECHNOLOGIES, INC., AND SYMANTEC CORP.,

Petitioners.

Miscellaneous Docket No. 119

On Petition for Writ of Mandamus to the United

States District Court for the District of Delaware in case no. 10-CV-1067, Judge Leonard P. Stark.

ON PETITION

Before BRYSON, MAYER, LINN, Circuit Judges.

Figure on page 1 of the opinion

ORDER

Trend Micro Incorporated, Trend Micro, Inc. (USA), Check Point Software Technologies Ltd., Check Point Software Technologies, Inc., and Symantec Corp. (collectively, Trend Micro) seek a writ of mandamus directing the United States District Court for the District of Delaware to vacate its order denying Trend Micro’s motion to

Figure on page 2 of the opinion

2IN RE TREND MICRO INC 2

transfer venue, and to direct the Delaware district court to transfer the case to the United States District Court for the Northern District of California.

We deem it the better course for Trend Micro to first move the district court for reconsideration of its order denying a transfer of venue in light of In re Link_A_Media Devices Corp., 662 F.3d 1221 (Fed. Cir. 2011). We therefore deny Trend Micro’s petition for a writ of mandamus without prejudice to refiling. ;

Accordingly, It Is ORDERED THAT: The petition for a writ of mandamus is denied without prejudice.

For THE COURT

APR 02 2012 /s/ Jan Horba

ly Date Jan Horbaly

Clerk

cc: Clement 8. Roberts, Esq.

Mark A. Flagel, Esq. Yarmea Roman Chaikovsky, Esq. Joseph J. Farnan, III, Esq. Clerk, United States District Court For The District

Of Delaware 824 FILED

US SREDeeAL CIRCUIT

APR 02 2012

HORBALY MCLE

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Cite this opinion

In re Trend Micro Inc., No. 12-M119 (Fed. Cir. Apr. 2, 2012).

Record ID
CAFC-12-M119-20120402
Permalink
https://patentcasewatch.com/opinions/CAFC-12-M119-20120402

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