Lawyers say the Sept. 15 order in Balthaser Online Inc. v. Art Star Design LLC, which transferred most defendants to the Northern District of California, follows the lead set by two U.S. Court of Appeals for the Federal Circuit decisions and a 5th Circuit ruling that criticized the Texas federal court for not transferring cases.
The Federal Circuit’s Dec. 29 decision in In re TS Tech USA Corp. and its May 22 decision in In re Genentech Inc. concluded that the Eastern District of Texas abused its discretion by denying the defendants’ transfer motion.
