On February 2, 2023, Judge Albright denied Apple, Inc.'s ("Apple") Motion to Stay Pending Transfer.On February 10, 2022, Plaintiff SpaceTime3D, Inc. ("SpaceTime") sued Apple in the Waco Division of the Western District of Texas for infringement of three patents. On July 14, 2022, Apple moved for intra-district transfer to the Austin Division of the Western District. The Court set the Markman hearing for November 17, 2022. On November 16, 2022, Apple filed the Motion to Stay pending a decision on the intra-district transfer. The Court postponed the Markman hearing so the parties could conduct full briefing on the Motion.In deciding the Motion to Stay, the Court applied four factors: "(1) whether the movant has made a showing of likelihood of success on the merits; (2) whether the movant will suffer irreparable injury if the stay is not granted; (3) whether granting the stay would substantially harm the other parties; and (4) whether the stay would serve the public interest."The Court started its analysis by observing that caselaw affords district courts more discretion and deference in adjudicating intra-district transfers than inter-district transfers. Because the Court has the power to retain the case whether or not the transfer is granted, it does not have to stay proceedings or decide whether to transfer the case intra-district until closer to the trial date.The Court then applied the factors in the following fashion:The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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