Opinion
Miscellaneous Docket No. 124
06-21-2012
IN RE HEWLETT-PACKARD COMPANY, Petitioner.
NOTE: This order is nonprecedential.
On Petition for Writ of Mandamus to the United States District Court for the Eastern District of Texas ^in case no. ll-CV-90, Judge Rodney Gilstrap.
ON PETITION
Before NEWMAN, LOURIE, and O'MALLEY, Circuit Judges. Newman, Circuit Judge.
ORDER
Hewlett-Packard Company ("HP") petitions for a writ of mandamus to direct the United States District Court for the Eastern District of Texas to vacate its order denying HP's motion to sever and transfer. Lodsys, LLC and Lodsys Group, LLC ("Lodsys") oppose.
In In re EMC, _ F.3d _, 2011-M100 (Fed. Cir. May 4, 2012), we recently set forth the standard for assessing a motion to sever under Federal Rule of Civil Procedure 21(a).
We deem it the better course for HP to first move the district court for reconsideration of its order denying HP's motion to sever and transfer in light of our decision in In re EMC. We therefore deny HP's petition for a writ of mandamus without prejudice to refiling.
Accordingly,
IT IS ORDERED THAT:
The petition for a writ of mandamus is denied.
FOR THE COURT
_________________
Jan Horbaly
Clerk
cc: Sean C. Cunningham, Esq.
Christopher M. Huck, Esq.
Clerk, United States District Court for the Eastern
District of Texas
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