NOTE: This order is nonprecedential.

United States Court of Appeals 

for the Federal Circuit ______________________

In re: FREELANCER LIMITED,

Petitioner

______________________

2021-151

______________________

On Petition for Writ of Mandamus to the United States 

District Court for the Western District of Texas in No. 6:20-

cv-00738-ADA, Judge Alan D. Albright.

______________________

ON PETITION AND MOTION

______________________

Before TARANTO, HUGHES, and STOLL, Circuit Judges.

STOLL, Circuit Judge.

O R D E R

Freelancer Limited petitions for a writ of mandamus 

directing the United States District Court for the Western 

District of Texas to stay all further proceedings in this case 

pending resolution of Freelancer’s motion to dismiss. Freelancer also moves, pursuant to Federal Circuit Rule 8(b),

for a stay pending its petition. 

In August 2020, GreatGigz Solutions, LLC filed a complaint in the Western District of Texas, alleging that Freelancer infringes two patents. Freelancer moved to dismiss 

GreatGigz’s complaint for failure to state a claim upon 

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2 IN RE: FREELANCER LIMITED

which relief could be granted by the court. In response, 

GreatGigz filed an amended complaint on November 23, 

2020. On January 21, 2021, Freelancer moved to dismiss

the amended complaint on the same ground. GreatGigz

filed an opposition to the motion on February 18, 2021.

Freelancer filed a reply on March 4, 2021. The motion to 

dismiss remains pending before the district court. 

While the motion to dismiss was being briefed, the district court approved the parties’ agreed scheduling order 

that set forth dates for, inter alia, claim construction briefing, a Markman hearing, and discovery. On March 26, 

2021, Freelancer moved to stay proceedings pending the 

district court’s resolution of Freelancer’s motion to dismiss

the complaint. That stay motion was fully briefed on April 

21, 2021. The district court has also not taken any action 

on that motion. On May 27, 2021, GreatGigz filed its opening claim construction brief. One week before its response 

brief was due, Freelancer filed this petition and motion

seeking to stay all pending deadlines. 

Mandamus is “reserved for extraordinary situations.” 

Gulfstream Aerospace Corp. v. Mayacamas Corp., 485 U.S. 

271, 289 (1988) (citation omitted). Under the well-established standard for obtaining such relief, the petitioner 

must: (1) show that it has a clear and indisputable legal 

right; (2) show that it does not have any other avenue to

obtain relief; and (3) convince the court that the “writ is 

appropriate under the circumstances.” Cheney v. U.S. Dist. 

Ct. for D.C., 542 U.S. 367, 380–81 (2004) (citation omitted). 

Freelancer has not met that exacting standard. 

Freelancer has identified no authority establishing a 

clear legal right to a stay of all proceedings premised solely

on the filing of a motion to dismiss the complaint. Nor are

we prepared to say, at this juncture, that any delay in failing to resolve either of Freelancer’s pending motions to dismiss and stay proceedings is so unreasonable or egregious

as to warrant mandamus relief. We note that significant 

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IN RE: FREELANCER LIMITED 3

additional delay may alter our assessment of the mandamus factors in the future. We expect, however, that the

district court will soon address the pending motion to dismiss or alternatively grant a stay. 

Accordingly,

IT IS ORDERED THAT:

(1) The petition is denied.

(2) The motion to stay is denied as moot.

June 16, 2021

Date

FOR THE COURT

/s/ Peter R. Marksteiner

Peter R. Marksteiner

Clerk of Court

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Case: 21-151 Document: 8 Page: 3 Filed: 06/16/2021