Wednesday, July 21, 2010

Location of Manufacture and Decision to Mark Weigh Heavily on Venue Analysis for False Marking Claims

The court granted defendants' motions to transfer venue plaintiff's false marking actions. "[T]he markings on the concerned products and Defendants’ intention with respect to marking the products with expired patents are the central material facts that give rise to Plaintiff’s claim for relief. Defendants present undisputed evidence that their products are manufactured outside of the Northern District of California and that the persons making the decisions to affix the allegedly expired patents to the concerned products also are located outside of the Northern District of California. While Plaintiff concedes that this factor weighs in favor of transfer, it requests that the Court grant it an opportunity to conduct discovery into the sales of the accused products prior to any ruling on the instant motions. The Court concludes that discovery of such facts would not affect its analysis, and that this factor weighs strongly in favor of transfer."

San Francisco Technology, Inc. v. The Glad Products Company et al., 5-10-cv-00966 (CAND July 19, 2010, Order) (Fogel, J.)

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