In the latest installment of Knobbe Martens’ monthly series published in Law360 on noteworthy Federal Circuit opinions, partner Paul Stewart writes about a recent decision in In re Monolithic Power Systems, Inc., in which the court addresses the circumstances under which it will grant mandamus to review venue decisions.
“In this case, In re Monolithic Power Systems, Inc., the court faced a fact pattern that, on its surface, seemed similar to the facts of prior cases in which it had reversed venue decisions on mandamus and on direct review. Nevertheless, the court declined to review this case on mandamus, though it left open the possibility of reversal on direct review after final judgment.”
Stewart concludes by saying, “This situation will likely cause plaintiffs to aggressively file their patent cases in favorable forums and hope for the best. Plaintiffs will know that review by mandamus is unlikely, and will likely regard review after final judgment as something to worry about at a later date. In addition, it will allow individual district court judges to have significant discretion in deciding whether to welcome or discourage venue motions in this type of case. Thus, until this issue is resolved on an appeal from a final judgment, perhaps in the Monolithic Power Systems case itself, the role of remote employees in patent venue analysis will remain uncertain.”
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