Federal Circuit disposition — 2010-m935-5-19-10-1-pdf

NOTE: This order is nonprecedential.

# United States Court of Appeals for the Federal Circuit

IN RE ORACLE CORPORATION,
Petitioner.

2010-M935

On Petition for Writ of Mandamus to the United
States District Court for the Eastern District of Texas in
case no. 08-CV-371, Judge T. John Ward.

## ON PETITION FOR WRIT OF MANDAMUS

Before RADER, FRIEDMAN, and GAJARSA, Circuit Judges.
GAJARSA, Circuit Judge.

## ORDER

Oracle Corporation (Oracle) petitions for a writ of
mandamus to direct the United States District Court for
the Eastern District of Texas to vacate its December 8,
2009 order denying Oracle's motion to transfer venue, and
to direct the Texas district court to transfer the case to
the United States District Court for the Northern District
of California. Financial Systems Technology (Intell.
Property) Pty. Ltd. et al. (FST) oppose. Oracle replies.

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On December 9, 2009, a Magistrate Judge of the Dis-
trict Court for the Eastern District of Texas denied Ora-
cle's motion to transfer pursuant to 28 U.S.C. § 1404(a).
Pursuant to Rule 72 of the Federal Rules of Civil Proce-
dure, Oracle moved the district court for reconsideration
of the Magistrate Judge's order. Oracle filed this petition
for a writ of mandamus before the district court issued a
decision on the matter. It would be inappropriate for this
court to consider the matter while it remains pending
before the district court. We deny Oracle's petition for a
writ of mandamus without prejudice to refiling.

Accordingly,
IT IS ORDERED THAT:

The petition is denied without prejudice.

FOR THE COURT

MAY 1 9 2010

/s/ Jan Horbaly

Date

Jan Horbaly Clerk

cc: Elizabeth A. Howard, Esq.
Scott L. Cole, Esq.
Clerk, United States District Court for the Eastern
District of Texas

s19

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
MAY 1 9 2010

JAN HORBALY
CLERK