05/19/14

In re Toyota Motor Corp.: Transferee Forum Need Only Be Clearly More Convenient

Category: Civil Procedure  
 
 
 
By: Eric Paul Smith, Contributor   
 
TitleIn re Toyota Motor Corp., No. 2014-113 (Fed. Cir. Apr. 3, 2014).
IssueWhether the Eastern District of Texas's conclusion that "the convenience factors do not indicate that transfer to the Eastern District of Michigan would be clearly more convenient" was an abuse of discretion.
In re Toyota at *3; see id. at *5.
Holding"With nothing on the transferor-forum side of the ledger, the analysis shows that the transferee forum is clearly more convenient. In these circumstances, the district court's no-transfer conclusion was a clear abuse of discretion."
Id. at *5 (citations, internal quotation marks, and emphasis omitted).
 
Procedural History"In this patent-infringement case, the United States District Court for the Eastern District of Texas entered an order denying a motion to sever the claims against the Gulf States defendant from the claims against all the remaining defendants (we refer to the latter collectively as 'Toyota'), to transfer the resulting separate action against Toyota to the United States District Court for the Eastern District of Michigan, and to stay the retained claims against Gulf States. Toyota and Gulf States seek a writ of mandamus directing the district court to grant the motion. Plaintiff American Vehicular Sciences LLC (AVS), which owns the patents at issue, opposes."
In re Toyota Motor Corp. at *2.
 
 
 
 
Legal Reasoning (Taranto, Prost, and O'Malley)
Background
Legal Rule"A district court may transfer any civil action to any other district or division where it might have been brought or to any district or division to which all parties have consented. Applying Fifth Circuit law in cases from district courts in that circuit, this court has granted writs of mandamus to correct denials of transfer that were clear abuses of discretion under governing legal standards." In re Toyota Motor Corp. at *2 (citations and internal quotation marks omitted). While "[t]he analysis may not show that the transferee forum is far more convenient[,] that is not what is required. . . . [Instead, ] the analysis [need only] show[] that the transferee forum is clearly more convenient." Id. at *5 (citations, internal quotation marks, and emphases omitted).
Analysis
Factors Weighing in Favor of Transferee Forum"[T]he district court found that several factors favor transfer to the Eastern District of Michigan. In particular, the court determined that the interest in ease of access to sources of proof weighs in favor of transfer. It also determined that transfer is supported by the public interest factor that looks at local interest in the litigation."
In re Toyota Motor Corp. at *4.
Factors Weighing in Favor of Transferee Forum Incorrectly Determined to Be Neutral"The district court found that two factors—the availability of compulsory process to secure attendance of witnesses and the cost of attendance for willing witnesses—are neutral regarding transfer. That determination appears to be incorrect. No non-party witnesses have been identified as being within the Eastern District of Texas. On the other hand, it appears undisputed that a number of witnesses in the Eastern District of Michigan have knowledge potentially relevant to infringement and validity issues, even if it is not possible at present to specify further just how material their testimony might be to the yet-undeveloped issues in the case. The comparison between the transferor and transferee forums is not altered by the presence of other witnesses and documents in places outside both forums. This comparison appears not to be neutral, but to favor transfer."
Id. at *4 (citations and footnotes omitted).
No Factors Weighing in Favor of Transferor Forum"In reaching its conclusion about transfer, the [district] court found no factor favoring retention of the claims against Toyota in the Eastern District of Texas. In particular, it did not count the recent opening of an office by AVS as weighing in favor of the transferor forum."
Id. at *3 (citations omitted).
No-Transfer Conclusion a Clear Abuse of Discretion"Taken on its own terms, the district court’s analysis presents a clear overall picture: nothing favors the transferor forum, whereas several factors favor the transferee forum. The analysis may not show that the transferee forum is far more convenient. But that is not what is required. With nothing on the transferor-forum side of the ledger, the analysis shows that the transferee forum is 'clearly more convenient.' In re Volkswagen, 545 F.3d at 315; In re TS Tech., 551 F.3d at 1320 ('Fifth Circuit precedent clearly forbids treating the plaintiff’s choice of venue as a distinct factor in the § 1404(a) analysis'). In these circumstances, the district court’s no-transfer conclusion was a clear abuse of discretion."
Id. at *5 (emphases removed).
Instructions on Remand Regarding Motions to Sever or Stay"The district court declined to sever (or stay) the claims against Gulf States based entirely on its determination that transfer would not be appropriate in any event. Because we reverse that premise, the district court must newly address the severance-and-stay motion on remand. It must do so on the premise that, putting Gulf States aside, Toyota has a clear right to transfer. . . . If the district court severs the claims against Gulf States, the remainder of the case must be transferred."
Id. at *5-6.
Conclusion
IT IS ORDERED THAT: The petition for a writ of mandamus is granted, the order denying the motion to transfer, sever, and stay is vacated, and the case is remanded for further proceedings consistent with this Order.
In re Toyota Motor Corp. at *6.
 
 
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