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December 03, 2021
A team of Cadwalader IP and Global Litigation attorneys succeeded in securing the transfer of three cases from the the Western District of Texas to the Central District of California on behalf of client Alfresco Software.
Alfresco Software Limited moved under 28 U.S.C. §1404(a) to transfer three cases brought by OpenText Corporation against it in the Western District of Texas (Albright, J.). The Court initially denied the motions, finding two of the convenience factors only slightly in favor of transfer, one factor against transfer, and the remaining factors neutral. In response, Alfresco petitioned the Court of Appeals for the Federal Circuit for a writ of mandamus requesting the Federal Circuit to direct the WDTX to transfer the cases to the CDCA. While the petition for mandamus was still being briefed before the Federal Circuit, the WDTX sua sponte amended its initial orders and transferred all three cases to the CDCA. The mandamus petition was then withdrawn as moot. Read the Law360 coverage here (subscription required).
Cadwalader represented Alfresco Software, with a team that includes partners Jonathan Watkins, John Moehringer and Danielle Tully and associates Michael Powell and John Augelli.