Federal Circuit disposition — 19-108

N OTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
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In re: BAYERISCHE MOTOREN WERKE AG, BMW
OF NORTH AMERICA LLC,
Petitioners
______________________
2019-108
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On Petition for Writ of Mandamus to the United
States District Court for the Eastern District of Texas in
No. 2:17-cv-00418-JRG, Judge J. Rodney Gilstrap.
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ON PETITION
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Before M OORE, WALLACH , and CHEN, Circuit Judges.
WALLACH , Circuit Judge.
O R D E R
Bayerische Motoren Werke AG and BMW of North
America LLC (collectively “BMW”) submit a petition for a
writ of mandamus seeking an order reversing the United
States District Court for the Eastern District of Texas’s
denial of their motion to dismiss for improper venue and
lack of personal jurisdiction.
In May 2017, Blitzsafe Texas, LLC filed a patent
infringement claim against BMW in the underlying
district court action. BMW filed a motion to dismiss for

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IN RE BAYERISCHE MOTOREN WERKE AG 2
lack of personal jurisdiction or improper venue or, in the
alternative, to transfer. The district court subsequently
stayed the case pending this court’s ruling in In re ZTE,
890 F.3d 1008 (Fed. Cir. 2018). On September 6, 2018,
the district court denied the motion. BMW moved for
reconsideration on September 20, 2018, and that motion
remains pending before the district court.*
Under the circumstances, the court deems it the
proper course here to deny mandamus without prejudice
to seeking mandamus if and when the district court
denies reconsideration.
Upon consideration thereof,
I T I S O RDERED T HAT :
The petition for a writ of mandamus is denied.
F OR THE COURT
Nov. 30, 2018 /s/ Peter R. Marksteiner
Date Peter R. Marksteiner
Clerk of Court
s25
* The district court lifted the stay on October 17,
2018.

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