Federal Circuit Vacates Scheduling Order Pending Motion To Transfer
On November 8, 2022, in a precedential order, the Court of Appeals for the Federal Circuit (CAFC) granted Apple Inc.’s petition for a writ of mandamus vacating the scheduling order of the District Court for the Western District of Texas and directing that court to stay all proceedings on the merits and resolve Apple’s pending motion to transfer. While the CAFC did not decide the extent to which merits discovery may proceed while issues of venue and venue discovery are still pending, it nevertheless ruled that transfer decisions must “proceed expeditiously” as “the first order of business.” In re Apple Inc., No. 2022-162 (Fed. Cir. Nov. 8, 2022).