In Re ROKU, INC.

Case: 23-114 Document: 22 Page: 1 Filed: 03/23/2023 NOTE: This order is nonprecedential. United States Court of Appeals for the Federal Circuit ______________________ In re: ROKU, INC., Petitioner ______________________ 2023-114 ______________________ On Petition for Writ of Mandamus to the United States District Court for the Western District of Texas in No. 6:21- cv-01296-ADA, Judge Alan D. Albright. ______________________ ON PETITION ______________________ Before LOURIE, PROST, and WALLACH, Circuit Judges. WALLACH, Circuit Judge. ORDER Roku, Inc. petitions for a writ of mandamus directing the United States District Court for the Western District of Texas to vacate its denial of transfer and to transfer pur- suant to 28 U.S.C. § 1404(a) to the United States District Court for the Northern District of California. IOENGINE, LLC opposes. When adopting the recommendation of the magistrate judge to deny transfer, the district court found that: (1) de- spite Roku suggesting all of its potential employee wit- nesses are in Northern California, several Roku employees Case: 23-114 Document: 22 Page: 2 Filed: 03/23/2023 2 IN RE: ROKU, INC. are in Austin, Texas and “possess particularly relevant knowledge to this case,” Appx8; (2) the court could, if nec- essary, compel the testimony of third-party potential wit- nesses (including suppliers of components for the accused products, channel content creators, and three former Roku employees, including one who currently works for a rele- vant third-party supplier); (3) relevant sources of proof and custodians of that proof are in Austin; and (4) the court was likely to be faster in adjudicating the matter. On mandamus, our review is limited to determining whether the denial of transfer was a “‘clear’ abuse of dis- cretion” such that refusing transfer produced a “patently erroneous result,” In re TS Tech USA Corp., 551 F.3d 1315, 1319 (Fed. Cir. 2008) (citation omitted). Here, the district court considered the relevant factors and found, based on the record evidence and perceived lack of credibility of Roku’s declarant, that Roku had failed to show the North- ern District of California was clearly more convenient, par- ticularly given the sources of proof and potential witnesses in the Western District of Texas. We cannot say “that the facts and circumstances are without any basis for a judg- ment of discretion” in this case. In re Volkswagen of Am., Inc., 545 F.3d 304, 312 n.7 (5th Cir. 2008) (en banc) (cita- tion omitted). Accordingly, IT IS ORDERED THAT: The petition is denied. FOR THE COURT March 23, 2023 /s/ Peter R. Marksteiner Date Peter R. Marksteiner Clerk of Court