Microsoft Wins Mandamus at the CAFC: Allvoice Suit Headed to Washington State

The CAFC granted mandamus yesterday, overruling a decision by Judge Davis (U.S.D.C. Eastern District of Texas) to let a software patent infringement suit against Microsoft continue in Texas rather than Washington state.

According to the ruling (per curium by Judges Newmanm Friedman, and Lourie), all individuals identified by Microsoft as having material information relating to the patents reside within 100
miles of the Western District of Washington "and thus would not have to undergo considerable cost and expense to testify and would also be subject to that district's subpoena powers." The Court further reasoned that "Allvoice has identified 14 witnesses, 12 who reside outside Texas and two who are local Eastern Texas businessmen who bought or used the accused Microsoft products and are not represented as having any knowledge of the patent or the issues of the suit."

According to an article in IP 360, Allvoice apparently "gamed the system by creating the appearance of diversity jurisdiction in the Eastern District of Texas, a no-no that the district court should have identified and stopped."

The patent-in-suit, U.S. Patent Number 5,799,273, claims software dealing with voice recognition in word-processing applications. The specifications discloses, generally, software that creates an interface between voice recognition engines and word-processing documents, such that recognized speech can be directly input into word-processing applications.

Case Transferred to South Carolina

In a case involving allegations of infringement of U.S. Patent No. 6,886,836 for a "Miter Saw Utility Vehicle," Judge Pechman recently granted Defendant Techtronic Industries, Co. Ltd.'s motion to transfer venue under 28 U.S.C. Section 1404 to the District of South Carolina.

The Court's reasons for transfer were simply that "Plaintiffs have minimal contact with this forum and TTi [the Defendant] has met its burden in showing convenience to the witnesses upon transfer to the District Court of South Carolina."

The case is Wise v. Techtronic Indus. Co., Ltd., C10-471-MJP, and it was filed by plaintiffs Robert Wise and RnD Ventures, Inc. According to the Defendant's motion to transfer, "neither this action nor any party has a direct connection to the Western District of Washington. For instance, TTi is a foreign corporation with its headquaters abroad, and the hub of TTi's activities related to the Accused Product take place not in Washington, but in South Carolina." Furthermore, according to the Defendant, "South Carolina . . . is the location of documents and other physical proof relevant to this case, as well as the home of a majority of potential witnesses, inclduing at least two non-party witnesses." The contract at issue in the case also called for the application fo South Carolina law.