Federal Circuit disposition — 23-140

23-140Court of Appeals for the Federal Circuit17.07.2023

Gesamter Gesetzestext

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In re: CURRENT LIGHTING SOLUTIONS, LLC,
dba GE Current,
Petitioner
______________________
2023-140
______________________
On Petition for Writ of Mandamus to the United States
District Court for the Western District of Texas in No. 6:22-
cv-00534-ADA-DTG, Judge Alan D. Albright.
______________________
ON PETITION
______________________
Before CHEN, MAYER , and STOLL , Circuit Judges.
P ER CURIAM .
O R D E R
Current Lighting Solutions, LLC (“Current Lighting”)
petitions for a writ of mandamus directing the United
States District Court for the Western District of Texas to
promptly decide its motion to transfer and to stay all merits
proceedings pending final resolution of the venue dispute.
Jiaxing Super Lighting Electric Appliance, Co., Ltd. and
Obert, Inc. (collectively, “Super Lighting”) oppose.
This petition arises out of a patent infringement suit
brought by Super Lighting against Current Lighting in the
Case: 23-140 Document: 16 Page: 1 Filed: 07/17/2023

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IN RE: CURRENT LIGHTING SOLUTIONS, LLC 2
Western District of Texas. Current Lighting moved, pur-
suant to 28 U.S.C. § 1404(a), to transfer to the United
States District Court for the Northern District of Ohio. On
April 20, 2023, in a text minute entry, the magistrate judge
assigned to the case denied the transfer motion and indi-
cated that a written order to that effect would follow. On
May 12, 2023, Current Lighting moved to stay proceedings
pending further resolution of its transfer motion. On June
7, 2023, the magistrate judge scheduled a claim construc-
tion hearing for July 19, 2023. On July 3, 2023, Current
Lighting filed this petition. On July 7, 2023, the magis-
trate judge issued a written order denying Current Light-
ing’s transfer motion. Having denied transfer, the
magistrate judge then denied the stay request. Current
Lighting filed objections to that ruling, which were over-
ruled by the district court on July 13, 2023.
Mandamus is “reserved for extraordinary situations.”
Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S.
271, 289 (1988) (citation omitted). Under the well-estab-
lished standard for obtaining such relief, the petitioner
must: (1) show that it has a clear and indisputable legal
right; (2) show it does not have any other adequate method
of obtaining relief; and (3) convince the court that the “writ
is appropriate under the circumstances.” Cheney v. U.S.
Dist. Ct. for D.C., 542 U.S. 367, 380–81 (2004) (citation
omitted). We cannot say Current Lighting has met that
demanding standard. The transfer motion has been re-
solved before the district court turned to the substantive
issues. While Current Lighting states it intends to seek
appellate review of the final transfer ruling, it has not
shown mandamus to be warranted here to stay proceedings
based on the prospect of such further review.
Accordingly,
Case: 23-140 Document: 16 Page: 2 Filed: 07/17/2023

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IN RE: CURRENT LIGHTING SOLUTIONS, LLC 3
I T I S O RDERED T HAT :
The petition is denied.
July 17, 2023
Date
F OR THE COURT
/s/ Jarrett B. Perlow
Jarrett B. Perlow
Clerk of Court
Case: 23-140 Document: 16 Page: 3 Filed: 07/17/2023

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