Thursday, March 25, 2010

Court's Prior Experience With Patents and Technology "Weigh Heavily Against Transfer"

Defendants' motion to transfer was denied. "This Court previously adjudicated a lawsuit involving the same patents with the same plaintiff. In that prior case, this Court construed twenty-five patent terms. Defendants argue that reexamination proceedings might result in different constructions for those. . . . Claim construction requires a court to develop an in-depth understanding of the patented technology, which reexamination does not change. This Court has already performed much of the heavy lifting involved in claim construction and the interests of justice weigh heavily against transfer."

Red River Fiber Optic Corp. v. Verizon Comm. Inc. et al., 2-08-cv-00215 (TXED March 23, 2010, Memorandum Opinion & Order) (Everingham, M.J.)

Defendants' motion to transfer was denied. "The Court is intimately familiar with the asserted patent and the related technology. The Court has previously reviewed related technology tutorials, held a Markman hearing, and issued an extensive claim construction opinion construing several claim terms. . . . Thus, the interest of judicial economy weighs heavily against transferring this case."

Colorquick, LLC v. Vistaprint Ltd. et al., 6-09-cv-00323 (TXED March 23, 2010, Memorandum Opinion & Order) (Love, M.J.).

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