Defendant's motion to transfer venue for convenience was granted. In addressing the "relative ease of access to sources of proof" factor, the court determined that the location of documents in the Northern District of California (defendant's documents) and the Western District of Texas (plaintiff's documents and possibly some of defendant's documents) favored transfer. "Following the approach of [In re Genentech, 566 F.3d 1338, 1345-46 (Fed. Cir. 2009)], the court concludes that this factor weighs in favor of transfer. . . . If the case remains here, all documents will still have to be somehow transferred -- or perhaps simply downloaded to a flash drive and then transported -- from either the Northern District [of California] or the Western District [of Texas] to the Eastern District [of Texas]."
Affinity Labs of Texas, LLC v. Apple, Inc., 9-09-cv-00047
(TXED August 25, 2009, Order) (Clark, J.)
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