Last week Federal Circuitry discussed injunctions and stays pending appeal (or mandamus), and, at the end of the week, an interesting mandamus order addressing a challenge to venue in the Eastern District of Texas was released. In the mandamus petition, the petitioner also sought a stay of the district court proceedings, which was denied as moot when mandamus was denied. That denial means that parties seeking stays pending appellate proceedings now have a 9% success rate. Of course, one could quibble that the latest order shouldn’t count as a true stay denial, as the Court didn’t even need to reach the issue. But we can leave that esoteric debate for another day. Take a look below at our quick take on injunctions and stays pending appeal, and our longer post about them here (also check out our post about the mandamus order here).
Brian R. Matsui
Brian Matsui is a partner in Morrison & Foerster’s Appellate and Supreme Court practice. For nearly 20 years, Brian has been a go-to appellate advocate for sophisticated clients in complex appeals nationwide. Clients turn to Brian for his substantial experience in patent appeals in the Federal Circuit. He has argued more than 10 times in that Court, winning appeals from both district courts and the Patent Trial and Appeal Board. Brian excels at applying significant legal principles to complex technologies in a way that distills them for the Court. He has done so for companies in a myriad of industries, including mobile device manufacturers, pharmaceutical companies, medical device companies, memory manufacturers, movie studios, and software companies. More ›