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Brazos River Bridge in Waco, Texas. (PHOTO: Shutterstock)

A recent venue decision from the Federal Circuit Court of Appeals should concern all patent owners. The opinion in In re Apple, Case No. 2020-135 (CAFC Nov. 9, 2020), highlights how big tech companies enjoy the Texas business climate but seek to avoid its legal system. It also undermines the wisdom of having specialized patent courts efficiently resolve complex patent disputes. Finally, it creates the appearance that mandamus should be a common remedy through which the appellate court can reevaluate the entirety of a district court’s original analysis.

When Apple was sued for patent infringement in the Waco Division of the Western District of Texas, the tech giant claimed that  the venue was not convenient because there was “no relevant” evidence in and no connection to the Western District of Texas.

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