Case Explained: TRAMEC SLOAN LLC v. SURTI

Court: United States Court of Appeals for the Federal Circuit

Filed: 2026-07-13

The federal-circuit dismissed the appeal filed by Tarun N. Surti against a district court order denying his motion to dismiss or transfer venue in a patent declaratory judgment action. The court held that it lacked jurisdiction because the district court’s decision was neither a final judgment nor otherwise properly before the appellate court. The court applied the final judgment rule under 28 U.S.C. § 1291, which limits appellate jurisdiction to decisions that end litigation on the merits and leave nothing for the lower court to do but execute the judgment. The opinion clarified that denials of motions to dismiss or transfer venue are interlocutory orders that do not qualify as final decisions. The court further rejected potential exceptions: it found no jurisdiction under 28 U.S.C. § 1292(b) because the district court failed to certify the order for interlocutory review, and it determined that the collateral order doctrine did not apply to venue or transfer denials. Additionally, while noting that mandamus could theoretically be used to review a transfer denial, the court found Surti had not petitioned for such relief and failed to meet the high burden of showing his right to the writ was clear and indisputable given the district court’s correct application of 28 U.S.C. §§ 1391(b), 1400, and 1404(a). As a practical consequence, the appeal is terminated without review of the merits regarding res judicata or venue arguments, and the district court’s order denying the motion to dismiss or transfer remains in effect, allowing the underlying litigation to proceed in the Western District of Michigan.

Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.