Disregard Analogies to 5th Circuit Opinion, Google Urges Federal Circuit

The U.S. Appeals Court for the Federal Circuit should disregard Jawbone Innovations’ citation to supplemental authority in a 5th Circuit U.S. Court of Appeals denial of mandamus relief to petitioners who wanted their case transferred from the U.S. District Court for Northern Texas to the adjacent district in Western Texas (see 2212020055), said Google’s response Monday (docket 23-101). Jawbone argued the 5th Circuit opinion was relevant to its opposition to Google’s mandamus petition to vacate the Western Texas denial of its motion to transfer Jawbone’s patent infringement lawsuit to Northern California. But the 5th Circuit opinion is “inapposite,” or out of place, said Google. “None of the factual findings” in the 5th Circuit’s opinion is “present here or analogous to this case,” it said.