`
`NOTE: This order is nonprecedential.
`
`United States Court of Appeals
`for the Federal Circuit
`______________________
`
`
`
`In re: APPLE INC.,
`Petitioner
`______________________
`
`2022-163
`______________________
`
`On Petition for Writ of Mandamus to the United States
`District Court for the Western District of Texas in No. 6:21-
`cv-00620-ADA, Judge Alan D. Albright.
`______________________
`
`ON PETITION AND MOTION
`______________________
`
`Before DYK, REYNA, and TARANTO, Circuit Judges.
`REYNA, Circuit Judge.
`
`O R D E R
` Apple Inc. petitions this court for a writ of mandamus
`directing the United States District Court for the Western
`District of Texas to vacate its scheduling order, promptly
`rule on Apple’s pending transfer motion, and stay all pro-
`ceedings on the merits until transfer is resolved. Apple
`also moves for this court to stay the district court proceed-
`ings pending resolution of Apple’s petition. XR Communi-
`cations, LLC opposes the petition and the motion.
`
`In another Order issued today, we granted Apple’s pe-
`tition to vacate a similar scheduling order on the ground
`
`
`
`
`
`
`
`Case: 22-163 Document: 24 Page: 2 Filed: 11/08/2022
`
`2
`
`
`
`IN RE: APPLE INC.
`
`that it was a clear abuse of discretion to force the parties to
`expend additional resources litigating substantive matters,
`until the completion of fact discovery, and re-briefing while
`Apple’s motion lingered unnecessarily on the docket, par-
`ticularly when there were readily available, less time-con-
`suming, and more cost-effective means for the court to
`resolve the motion. In re Apple Inc., 2022-162 (Fed. Cir.
`Nov. 8, 2022). We deem it the proper course here to vacate
`the district court’s scheduling order and for the district
`court to reconsider its decision in light of our reasoning in
`No. 2022-162.
`Accordingly,
`IT IS ORDERED THAT:
`
`The petition and motion are granted to the extent that
`
`the district court’s scheduling order is vacated, and the
`case is remanded for further proceedings consistent with
`this Order.
`
`
`
` November 8, 2022
` Date
`
` FOR THE COURT
`
` /s/ Peter R. Marksteiner
` Peter R. Marksteiner
` Clerk of Court
`
`
`
`
`
`
`
`
`
`
`
`
`
`
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`
`
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