Thursday, February 19, 2009

Lack of Infringing Acts, Parties and Witnesses in Texas Results in Transfer of Venue

"Key to the court’s decision are the facts that no [accused products] have been sold in Texas; no act of infringement has been identified as occurring in the Eastern District; only one potential witness has been identified as having any connection to Texas at all; multiple potential witnesses are located in or near the Southern District of New York . . .; and both parties have their principal places of business in the Southern District [of New York]. Although other witnesses and evidence may be located outside of New York, [plaintiff] fails to specifically identify any such individuals or documents to the court."

Fifth Generation Computer Corp. v. IBM Corp., 9-08-cv-00205 (TXED February 17, 2009, Order)

No comments: