SDM’s Jane Webre and Robyn Hargrove secured an important venue win in the United States Court of Appeals for the Federal Circuit for client Performance Chemical Company (PCC) in its ongoing patent infringement case against True Chemical Solutions (True Chem), pending in the U.S. District Court for the Western District of Texas.

Midland-based True Chem initially filed the case in the Western District’s Midland Division, seeking declaratory judgment of non-infringement and invalidity regarding PCC’s patents. PCC, also based in Midland, counter-sued for patent infringement and, early this year, moved to transfer the case to the court’s Waco Division. Judge Albright granted the motion, and True Chem filed a petition for mandamus asking the Federal Circuit to reverse the decision.

In a unanimous decision, the Federal Circuit affirmed Judge Albright’s transfer ruling. Although the Federal Circuit has in recent months granted mandamus to reverse certain patent venue decisions, the SDM team successfully argued that this transfer was within the scope of Judge Albright’s broad discretion. The memorandum opinion is available here.

Law360 - March 23, 2021, Fed. Circ. Denies Bid To Undo IP Case Transfer In Texas