Federal Circuit disposition — 2012-m124-6-21-12-1-pdf

# NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit

IN RE HEWLETT-PACKARD COMPANY,
Petitioner.

Miscellaneous Docket No. 124

On Petition for Writ of Mandamus to the United States
District Court for the Eastern District of Texas in case no.
11-CV-90, Judge Rodney Gilstrap.

ON PETITION

Before NEWMAN, LOURIE, and O'MALLEY, Circuit Judges.
NEWMAN, Circuit Judge.

ORDER

Hewlett-Packard Company ("HP") petitions for a writ
of mandamus to direct the United States District Court
for the Eastern District of Texas to vacate its order deny-
ing HP's motion to sever and transfer. Lodsys, LLC and
Lodsys Group, LLC ("Lodsys") oppose.

In In re EMC, _ F.3d _, 2011-M100 (Fed. Cir. May 4,
2012), we recently set forth the standard for assessing a

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motion to sever under Federal Rule of Civil Procedure
21(a).

We deem it the better course for HP to first move the
district court for reconsideration of its order denying HP's
motion to sever and transfer in light of our decision in In
re EMC. We therefore deny HP's petition for a writ of
mandamus without prejudice to refiling.

Accordingly,

IT IS ORDERED THAT:
The petition for a writ of mandamus is denied.

FOR THE COURT

JUN 2 1 2012

/s/ Jan Horbaly

Date

Jan Horbaly

Clerk

cc: Sean C. Cunningham, Esq.
Christopher M. Huck, Esq.
Clerk, United States District Court for the Eastern
District of Texas
$25

FILED
U.S. COURT OF APPEALS FOR
THE FEDERAL CIRCUIT
JUN 2 1 2012
JAN HORBALY
CLERK