In granting defendant's motion to transfer venue of plaintiff's qui tam false marking action, the court found that the convenience of the parties favored defendant. "[Plaintiff] manufactures and produces nothing. It is in the business of litigation, therefore, requiring [plaintiff] to pursue this action in New Jersey would have little, if any, disruptive effect on its business. The Court rejects [plaintiff's] contention that [defendant's] physical and financial condition dictates that it must bear the burden of traveling to a foreign jurisdiction to defend this lawsuit. As set forth above, [plaintiff] exists for the sole purpose of capitalizing on the holding of Forest Group v. Bon Tool Co., 590 F.3d 1295 (Fed. Cir. 2009), which changed the manner in which damages were calculated against a company with a mass produced product containing an alleged false marking. Any discrepancy with regard to relative size and financial condition, therefore, is of no moment."
United States of America, ex rel. et. al. v. T.F.H. Publications, Inc., 2-10-cv-00437 (PAWD October 20, 2010, Memorandum Opinion) (Cercone, J.)
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