A divided panel of the U.S. Court of Appeals for the Federal Circuit sprung Apple from the Western District of Texas on Monday in its patent fight with Uniloc 2017 LLC.
In re Apple follows a hard fought—or what one judge even called “ad hominem”—challenge to U.S. District Judge Alan Albright’s refusal to send the case to Apple’s home base of the Northern District of California for the convenience of parties and witnesses. Apple pointed out in its briefs that U.S. District Judge Alan Albright has built the busiest patent docket in the country since his appointment to the bench two years ago, and said his unwillingness to transfer cases like Apple’s amounts to “implicit approval of judge-shopping.”
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