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There’s an old saying in journalism that three examples make a trend. Under those rules, we can now declare a trend in IP litigation. The U.S. Court of Appeals for the Federal Circuit ruled Wednesday that the chief judge of the Eastern District of Texas abused his discretion in refusing to transfer Novartis’ patent infringement case (pdf) against Hoffmann-La Roche out of his jurisdiction. This is the third time since the 5th Circuit’s October 2008 en banc ruling in In re Volkswagen that the Federal Circuit has granted a writ of mandamus and booted a patent case out of Texas. (The other two were In re TS Tech (pdf) and In re Genentech (pdf).)

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