Wednesday, October 13, 2010

False Marking Case Transferred to Defendant's Home Forum, the Location of Evidence on Which "Liability Hinges"

Defendant's motion to transfer venue of plaintiff's qui tam false marking action was granted. "The sale of falsely marked products is one component of this lawsuit. Evidence regarding [defendant's] decision to 'mark[] upon, or affix[] to, or use[] in advertising in connection with any unpatented article the word 'patent' or any word or number importing the same is patented, for the purpose of deceiving the public,' however, is where liability hinges, and [defendant] made these decisions in Memphis. For these reasons, Plaintiff’s choice of forum receives less deference and the location of material events factor weighs in favor of transfer. . . . The Western District of Tennessee is the site of material events in the lawsuit and the location where most, if not all, of the evidence relevant to the lawsuit is located."

Simonian v. Hunter Fan Co., 1-10-cv-01212 (ILND October 7, 2010, Memorandum Opinion & Order)(St. Eve, J.)

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