In re: CARBONITE, INC v. Kraft Foods Group Brands LLC, 137 S. Ct. 1514 2017 Case: 18-101 Document: 18 Page: 1…

NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In re: CARBONITE, INC.,
Petitioner
______________________
2018-101
______________________
On Petition for Writ of Mandamus to the United
States District Court for the Eastern District of Texas in
No. 6:17-cv-00121-RWS-JDL, Judge Robert Schroeder, III.
______________________
ON PETITION
______________________
Before P ROST , Chief Judge, O’MALLEY and T ARANTO,
Circuit Judges.
O’MALLEY , Circuit Judge.
O R D E R
Carbonite, Inc. petitions for a writ of mandamus
directing the United States District Court for the Eastern
District of Texas to dismiss this case for improper venue
or, alternatively, to address Carbonite’s arguments that
venue is improper. Specifically, Carbonite argues that the
district court clearly abused its discretion in determining
that Carbonite’s venue defense had been waived and that
the Supreme Court’s decision in TC Heartland LLC v.
Kraft Foods Group Brands LLC, 137 S. Ct. 1514 (2017)
Case: 18-101 Document: 18 Page: 1 Filed: 11/22/2017

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IN RE: CARBONITE, INC. 2
did not constitute an intervening change in law. Realtime
Data LLC opposes.
We recently held that the Supreme Court’s decision in
TC Heartland effected a relevant change in the law and,
more particularly, that failure to present the venue objec-
tion earlier did not come within the waiver rule of Federal
Rule of Civil Procedure 12(g)(2) and (h)(1). In re Micron
Tech., Inc., No. 17-138 (Fed. Cir. Nov. 15, 2017). In light
of that decision, we deem it the proper course here for
Carbonite to first move the district court for reconsidera-
tion of its order denying the motion to dismiss. We there-
fore deny the petition for a writ of mandamus. Any new
petition for mandamus from the district court’s ruling on
reconsideration will be considered on its own merits.
Accordingly,
I T I S O RDERED T HAT :
The petition is denied.
F OR THE COURT
/s/ Peter R. Marksteiner
Peter R. Marksteiner
Clerk of Court
s31
Case: 18-101 Document: 18 Page: 2 Filed: 11/22/2017

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