Monday, December 29, 2008

Defendant's home state does not have a greater local interest in resolution of a patent infringement case

The court rejected defendant's argument, in support of its motion to transfer venue, that "the state of Washington has a greater local interest in the resolution of that case because [defendant] is a Washington based company and the center of the allegedly infringing activity is in Washington." "This Court has routinely rejected this sort of argument in patent cases. When a company sells allegedly infringing products, or offers allegedly infringing services, nationwide, 'no specific locality has a dominant interest in resolving the issue of [patent infringement].' "

j2 Global Communications Inc v. Protus IP Solutions Inc., 6-08-cv-00211 (TXED December 23, 2008, Memorandum Opinion & Order)

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