Case: 23-153 Document: 14 Page: 1 Filed: 12/18/2023
NOTE: This order is nonprecedential.
United States Court of Appeals
for the Federal Circuit
______________________
In re: TCL TECHNOLOGY GROUP CORP., fka TCL
Corporation, TCL ELECTRONICS HOLDINGS
LTD., fka TCL Multimedia Technology Holdings,
Ltd., TCL KING ELECTRICAL APPLIANCES
(HUIZHOU) CO., LTD., TCL MOKA
INTERNATIONAL LTD., TCL SMART DEVICE
(VIETNAM) CO., LTD., TCT MOBILE
INTERNATIONAL LIMITED, HUIZHOU TCL
MOBILE COMMUNICATION CO., LTD.,
Petitioners
______________________
2023-153
______________________
On Petition for Writ of Mandamus to the United States
District Court for the Eastern District of Texas in No. 4:23-
cv-00420-ALM, Judge Amos L. Mazzant, III.
______________________
ON PETITION
______________________
Before PROST, HUGHES, and STOLL, Circuit Judges.
PER CURIAM.
ORDER
Petitioners (collectively, “TCL”) seek a writ of manda-
mus directing the United States District Court for the
Case: 23-153 Document: 14 Page: 2 Filed: 12/18/2023
2 IN RE: TCL TECHNOLOGY GROUP CORP.
Eastern District of Texas to vacate its September 11, 2023,
order and stay all deadlines. Freedom Patents LLC op-
poses.
Freedom Patents sued TCL for patent infringement.
TCL moved to dismiss for insufficient service of process and
separately moved to stay all pending deadlines while the
court considered the motion to dismiss. On Septem-
ber 11, 2023, the district court denied TCL’s motion for a
stay. TCL then filed this petition, see
28 U.S.C.
§§ 1295(a)(1), 1651(a), challenging that decision. On No-
vember 9, 2023, the district court decided TCL’s motion to
dismiss, dismissing claims against certain defendants but
permitting alternative service, which Freedom Patents
states, without contradiction, has since been accomplished.
To obtain the extraordinary remedy of a writ of man-
damus, the petitioners must show: (1) there are no ade-
quate alternative avenues for relief, (2) the right to
issuance of the writ is clear and indisputable, and (3) issu-
ance of the writ is appropriate under the circumstances.
Cheney v. U.S. Dist. Ct. for D.C.,
542 U.S. 367, 380–81
(2004). The district court has now acted on TCL’s motion
to dismiss. Although TCL notes that it has asked the dis-
trict court to reconsider its November 9, 2023, decision,
TCL has not shown a clear and indisputable right to a stay
of proceedings under the circumstances.
Accordingly,
Case: 23-153 Document: 14 Page: 3 Filed: 12/18/2023
IN RE: TCL TECHNOLOGY GROUP CORP. 3
IT IS ORDERED THAT:
The petition is denied.
FOR THE COURT
December 18, 2023
Date
