Defendant's renewed motion to transfer venue for convenience was granted. "Much like in [In re Genentech, Inc., 566 F.3d 1338 (Fed. Cir. 2009)], there are a substantial number of material witnesses who reside in the transferee venue and none who reside in the Eastern District of Texas."
Abstrax, Inc. v. Sun Microsystems, Inc., 2-07-cv-00333
(TXED August 28, 2009, Memorandum Opinion & Order) (Everingham, M.J.)
First-to-file rule did not apply because the overlap between the instant case and the earlier filed case were not substantial. "Any two cases involving some of the same parties or similar areas of law have the potential for some overlap. The focus of the first-to-file rule is on whether this overlap is substantial.' . . . The Magistrate Judge carefully explained why the overlap between these two cases is insubstantial, and the Court sees no reason to depart from that explanation."
Document Generation Corp. v. Allscripts, LLC et al., 6-08-cv-00479
(TXED August 27, 2009, Memorandum Opinion & Order) (Davis, J.)