IN RE: DECA INTERNATIONAL CORP., Petitioner
2017-136
United States Court of Appeals, Federal Circuit.
Filed: 11/15/2017
955
Jon W. Gurka, Cheryl T. Burgess, Attorney, Joseph S. Cianfrani, Esq., Knobbe, Martens, Olson & Bear, LLP, Irvine, CA, for Petitioner Thomas Fisher, Attorney, Alexander Beach Englehart, Oblon, McClelland, Maier & Neustadt, LLP, Alexandria, VA, for Respondent Before Taranto, Chen, and Hughes, Circuit Judges.
ORDER
Taranto, Circuit Judge.
DECA International Corp. petitions for a writ of mandamus that would direct the United States District Court for the Southern District of Mississippi to dismiss the case for improper venue. Specifically, DECA argues that the district court clearly abused its discretion in determining that its venue defense had been waived and that the Supreme Court‘s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, — U.S. —, 137 S.Ct. 1514, 197 L.Ed.2d 816 (2017), did not constitute an intervening change of law. SkyHawke Technologies, LLC, opposes.
We recently held that the Supreme Court‘s decision in TC Heartland effected a relevant change of law and, more particularly, that failure to present the venue objection earlier did not come within the waiver rule of
Accordingly,
IT IS ORDERED THAT:
The petition is denied.
IN RE: YAHOO HOLDINGS INC., Petitioner
2018-103
United States Court of Appeals, Federal Circuit.
Filed: 11/22/2017
Charles Kramer Verhoeven, Attorney, Quinn Emanuel Urquhart & Sullivan, LLP, San Francisco, CA, Patrick D. Curran, Quinn Emanuel Urquhart & Sullivan, LLP, New York, NY, Miles Davenport Freeman, Quinn Emanuel Urquhart & Sullivan, LLP, Los Angeles, CA, for Petitioner Ian B. Crosby, Susman Godfrey L.L.P., Seattle, WA, Louis James Hoffman, Hoffman Patent Firm, Scottsdale, AZ, for Respondents Before Prost, Chief Judge, Moore and O‘Malley, Circuit Judges.
ORDER
O‘Malley, Circuit Judge.
Yahoo Holdings, Inc. petitions for a writ of mandamus directing the United States District Court for the Eastern District of New York to dismiss this case for improper venue. Specifically, Yahoo argues that the district court clearly abused its discretion in determining that Yahoo‘s venue defense had been waived and that the Supreme Court‘s decision in TC Heartland LLC v. Kraft Foods Group Brands LLC, — U.S. —, 137 S.Ct. 1514, 197 L.Ed.2d 816 (2017) did not constitute an intervening change in law. Respondents AlmondNet, Inc., Datonics, LLC, and Intent IQ, LLC oppose.
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 objection earlier did not come within the waiver rule of
Accordingly,
IT IS ORDERED THAT:
The petition is denied.