N OTE : This order is nonprecedential

. 

# United States **Court of Appeals**  **for the Federal Circuit**

______________________

In re : APPLE INC., Petitioner

______________________

2021

- 135

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On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas in No. 6:20

-
cv

- 00665

- ADA, Judge Alan D. Albright.

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ON PETITION

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Before P ROST , Chief Judge

, D YK and W ALLACH , Circuit Judges.

P ER C URIAM

. O R D E R
Apple Inc. petitions for a writ of mandamus directing the United States District Court for the Western District of Texas to rule on Apple’s pending motion to transfer and to stay all other proceedings until th at motion is res olved

. KOSS Corporation opposes the petition

. Apple replies.
KOSS Corporation filed this patent infringement suit in the Western District of Texas against Apple. O n December 21, 2020 , Apple moved to transfer the case to the United States District Cou rt for the Northern District of Case: 21-135 Document: 10 Page: 1 Filed: 04/09/2021IN RE : APPLE INC

. 2

California. Apple also moved to stay all other proceedings

. The parties proceeded to engage in venue

- related discovery . O n February 26, 202 1, Apple filed a supplement to its transfer motion. KOSS filed its opposition to the transfer on March 2, 2021

. Apple filed its reply on March 11, 2021. On March 22, 2021, Apple filed this petition. The following day , the district court issued a standing order stating that it will rule on pending inter

- district transfer motions before conducting a claim construction hearing

. See Western District of Texas, Waco Division, Standing Order Regarding Motion for Inter

- District Transfer ( Mar. 23, 2021) (“The Court wil l not conduct a Markman hearing until it has resolved the pending motion to transfer.”)

. In this case, t hat hearing currently is scheduled for April 23, 2021.
Issuance of a writ of mandamus is a “drastic” remedy, “reserved for really extraordinary causes .” Ex parte Fahey

, 332 U.S. 258, 259

– 60 (1947). A party seeking a writ bearsthe heavy burden of demonstrating that it has no “adequate alternative” means to obtain the desired relief, Mallard v. U.S. Dist. Court for the S. Dist. of Iowa , 490 U.S. 296, 3 09 (1989), and that the right to issuance of the writ is “clear and indisputable,” Will v. Calvert Fire Ins. Co. , 437 U.S. 655, 666 (1978) (internal quotation marks omitted). Even when those two requirements are met, the court must still be satisfied that the issuance of the writ is appropriate under the circumstances. Cheney v. U.S. Dist. Court for the Dist. of Columbia , 542 U.S. 367, 381 (2004). Apple has not met this demanding standard for relief.
In light of the district court’s March 2 3, 2021 s tan ding

o rder, Apple’s focal concern that the district court would proceed to the Markman hearin g before resolving the transfer motion is no longer an issue

. See, e.g.

, Pet. at 11 (“It has not indicated that it will postpone the impending Markman hearing

. . . . ”); id. at 20 (“Apple has no more reassurance that its pending transfer motion will be resolved

pre

- Markman than SK hynix did in similar circumstances

. ” (citing In re SK hynix Inc. , 835 F. App ’ x 600 (Fed. Case: 21-135 Document: 10 Page: 2 Filed: 04/09/2021IN RE : APPLE INC

. 3

Cir. 2021)); id. at 21 (“The district court is proceeding with one of the most important merits

- stage steps in a patent case, while declining to defer that step

. . . . ”). While Apple notes in its reply that the n ew standing order does not offer the prospect of postponing any deadline except the Markman hearing, Apple neither identifies specifically what those other deadlines are nor identifies any legal authority establishing a clear legal right to such relief und er these circumstances

. Accordingly

, I T I S O RDERED T HAT : The petition is denied

.

Ap ril 09 , 2021 Date F OR THE C OURT

/s/ Peter R. Marksteiner Peter R. Marksteiner Clerk of Court

s25 Case: 21-135 Document: 10 Page: 3 Filed: 04/09/2021