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Mandamus inappropriate unless no other way to get relief, even if result is unnecessary trial

By McKee, Voorhees & Sease, P.L.C.

In a precedential order last week, the Federal Circuit denied a petition for a writ of mandamus seeking to direct a district court to vacate its summary judgment order in favor of a patent infringement plaintiff and to enter judgment in favor of the alleged infringer.  The district court's order did not completely resolve the case, but did prevent the alleged infringer from presenting several defenses, including that it was either the actual owner of or had obtained a license under the asserted patents, as well as challenging the plaintiff's standing.

The court held that the fact that the defendant "may suffer hardship, inconvenience, or an unusually complex trial does not provide a basis for a court to grant mandamus," and that mandamus should only be granted when there is "no other means of obtaining the relief desired."  Here, because the issues raised would be reviewable after trial on a traditional appeal, the court rejected the petition for mandamus.

Judge Newman dissented.  In her opinion, it was apparent that the district court had likely made errors in its determination of the parties' summary judgment motions.  As a result, she would have granted the petition in order to review these issues and avoid what may otherwise be an unnecessary trial.

More detail of In re Roche Molecular Sys., Inc. after the jump.

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Full post as published by FileWrapper on February 04, 2008 (boomark / email).