Musk, considered the world's richest man, had argued his incredibly busy' schedule made attending the Washington, DC, case a burden. Billionaire Elon Musk has failed to persuade a federal judge in Washington, DC, to move a Securities and Exchange Commission (SEC) lawsuit over the late disclosure of his growing Twitter stake to Texas after saying he was too busy to defend himself in the nation's capital.
The CoStar companies are Delaware corporations based in Virginia, have an office in Seattle, and have shown no connection with this District. The Zillow Terms of Use, to which CoStar is subject, provide for exclusive venue in Washington. CoStar presumably chose this forum to avoid unfavorable Ninth Circuit law, a tactic that should not be given weight, the letter, filed on Monday, states.
"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.
Federal Circuit has denied this pair of related mandamus actions. In both cases, the patentee VirtaMove challenged venue transfer orders moving its patent infringement suits from the Western District of Texas to the Northern District of California. As I discuss below, the non-precedential decisions have some interesting jurisdictional tension with recent Fifth Circuit law. VirtaMove is a small Canadian software company holding patents on secure application containerization technology.