Amster Rothstein and Ebenstein, LLP - Intellectual Property Law

In The Press:
Fed. Circ. Order May Lead To Speedier Transfer Rulings

- IP Law360, January 30, 2013

IPLaw 360 turns to partner Charles R. Macedo for input on Federal Circuit Order.

The ruling "teaches that while the judicial economy factor is not a trump card that will necessarily avoid transfer, it can be a factor that a court may rely on when deciding against transferring a case," said Charles R. Macedo, partner at Amster Rothstein & Ebenstein LLP.

"However, when assessing the judicial economy factor, courts must consider the anticipated judicial economy at the time the lawsuit is filed, rather than based on post-filing events," he added.

In addition, Macedo said, the ruling "demonstrates that it is not per se improper to sever improperly joined cases, but still consolidate them for pretrial purposes," a strategy that judges use quite often.


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