Nore: This order is nonprecedential. Gnuited States Court of Appeals
for the federal Circuit
IN RE HEWLETT-PACKARD COMPANY,
Petitioner. ‘
Miscellaneous Docket No. 124
On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas‘in case no. 11-CV-90, Judge Rodney Gilstrap.
ON PETITION
Before NEWMAN, LOURIE, and O'MALLEY, Circuit Judges.
ORDER
Hewlett-Packard Company (“HP”) petitions for a writ of mandamus to direct the United States District Court for the Eastern District of Texas to vacate its order denying HP’s motion to sever and transfer. Lodsys, LLC and Lodsys Group, LLC (“Lodsys”) oppose.
In In re EMC, __ F.3d __, 2011-M100 (Fed. Cir. May 4, 2012), we recently set forth the standard for assessing a2 IN RE HEWLETT-PACKARD COMPANY 2 motion to sever under Federal Rule of Civil Procedure 21(a).
We deem it the better course for HP to first move the district court for reconsideration of its order denying HP’s motion to sever and transfer in light of our decision in In re EMC. We therefore deny HP’s petition for a writ of mandamus without prejudice to refiling.
Accordingly, Ir Is ORDERED THAT: The petition for a writ of mandamus is denied.
For THE CouRT JUN 21 2012 /s/ Jan Horbaly
Date Jan Horbaly
Clerk
cc: Sean C. Cunningham, Esq.
Christopher M. Huck, Esq. Clerk, United States District Court for the Eastern
District of Texas 825
ual tLeE ADPPEALS FOR UST FEDERAL CIRCUIT
JUN 21.2012 JAN HORBALY