Judge: Michael Schneider
Holding: Motion for Reconsideration of Denial of Motion to Sever and Transfer Denied
Defendant Apple sought reconsideration of Magistrate Judge K. Nicole Mitchell's finding that the allegedly infringing apps were the same relevant to the patent and the severance was not appropriate, and that its motion to transfer venue should be denied,
With respect to the motion to sever, Judge Schneider concluded that the arguments were the same ones previously rejected by the Court, and found no grounds to conclude that Judge Mitchell had committed a clear error of law or that the Court needed to act to prevent manifest injustice. "Judge Mitchell issued a well–reasoned order supported by case law, statutory interpretation, and the record," he wrote. "Thus, even if Apple persuaded the undersigned to disagree with Judge Mitchell's decision – which it has not – Apple has not carried its heavy burden of demonstrating that Judge Mitchell's decision should be reconsidered."
With respect to Judge Mitchell's order denying transfer, Judge Schneider similarly concluded that Judge Mitchell's findings were not clearly erroneous or contrary to law, and denied the motion.