#federal-circuit

#federal-circuit

"Given Google here identified a significant number of potential witnesses residing in the transferee forum, the case for transfer is even stronger than it was in TikTok." - Federal Circuit Today, the U.S. Court of Appeals for the Federal Circuit issued a pair of orders dismissing petitions for mandamus relief filed by patent owner VirtaMove seeking vacatur of transfer orders issued by the Western District of Texas. Applying "common sense," the Federal Circuit rejected VirtaMove's attempts to use the U.S. Court of Appeals for the Fifth Circuit's 100-mile rule for assessing venue transfer in such a way that would prevent a significant number of witnesses from participating in trial proceedings close to home.

The Federal Circuit's recent decision in Wilco Marsh Buggies and Draglines, Inc. v. Weeks Marine, Inc., 23-2320 (Fed. Cir. Aug. 19, 2025) (nonprecedential), illustrates how the Federal Circuit appears to be increasingly disregarding the jury's role in fact finding -- in this case disputes about whether a competitor's prior sales were anticipating based upon the on sale bar. Looking at it from an alternative perspective, the decision demonstrates how the Federal Circuit's regular disregard of conclusory expert testimony can vaporize what appear to be genuine factual disputes.

The Federal Circuit’s response so far has been as a collective institution-proceeding en banc from the outset and issuing unanimous per curiam orders-reflects institutional awareness of political vulnerabilities.

The Federal Circuit's decisions in Ingenico and Ironburg effectively eliminate statutory IPR estoppel under 35 U.S.C. §315(e)(2), undermining its intended purpose to streamline litigation.