United States:
Federal Circuit Rejects SK Hynix's Request To Stay The Case Pending Forthcoming Writ Of Mandamus Without Prejudice
22 February 2021
Winston & Strawn LLP
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After Judge Albright quickly denied SK Hynix's motion to
transfer to the Northern District of California, SK Hynix notified
the Federal Circuit, as requested, of the denial. In addition
to the notification, SK Hynix moved the Federal Circuit to extend
the stay of the district court proceedings until the Federal
Circuit has an opportunity to consider SK Hynix's forthcoming
writ of mandamus.
On February 3, 2021, the Federal Circuit denied the request for
a stay without prejudice. The Court specifically noted that SK
Hynix could request the stay as part of its forthcoming mandamus
petition. SK Hynix filed its second writ of mandamus on February 8,
2021, and an accompanying request for an emergency stay pending the
appeal. Netlist responded on February 16, 2021. The
emergency motion and writ are currently pending review.
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