Can an Intervenor Cause Improper Venue?

by Dennis Crouch In re Intex Recreation Corp., No. 18-131 (Fed. Cir. June 13, 2018) (denial of mandamus) [IntexMandamus] Team Worldwide (TWW) sued Wal-Mart in E.D. Texas for infringing its U.S. Pat. Nos. 9,211,018, 7,346,950, and 7,246,394 (air mattress products).  Wal-Mart does not make the accused products but does sell them.  The manufacturers (Intex, Coleman, and Bestway) are all contractually bound to indemnify Wal-Mart and intervened to defend their products. After intervening the manufacturers then demanded that the case be severed and transferred to their chosen districts (Intex to C.D. Cal; Coleman to N.D. Ill, and Bestway to Arizona). The district court refused — holding that the manufacturers had waived any objection to venue by intervening. The Federal Circuit has now denied the manufacturers’ petition for writ of mandamus: No Need for Speed: Ordinarily appeals are only filed following a final judgment in a case. Writ of…

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