Thursday, August 27, 2009

Apple Succeeds in Motion to Transfer Patent Case From the Eastern District of Texas to the Northern District of California

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.)

This ruling, with a free link to the actual signed order, was reported in today's Docket Report. If you are a patent litigation practitioner, you can request a free 2-week trial of the Docket Report by sending an email to
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