Intellectual Property > IP Newsflash > Federal Circuit Denies Writ of Mandamus to Force E.D. Tex. Court to Decide Transfer Motion
02 Feb '16

A three-judge panel of the Federal Circuit denied a mandamus motion from Marten Transport, Ltd. requesting that Judge Gilstrap in the Eastern District of Texas promptly rule on its transfer motion. Marten filed its Writ of Mandamus on January 11, 2016. At that time, its transfer motion had been pending for over six months and briefing had been completed for over five months.

After Marten filed its Writ, the district court scheduled a hearing for the transfer motion for the following month. There was no indication in the record that the hearing was scheduled in response to Marten’s Writ, though the hearing was scheduled just 11 days after the Writ was filed. Nevertheless, the Federal Circuit denied Marten’s Writ because the district court had set the transfer motion for a hearing, stating that it “expects that the district court will promptly decide the transfer motion.”

In re: Marten Transport Ltd., C.A. No. 16-108, (Fed. Cir. Feb. 3, 2016).