"Plaintiffs specifically chose the Western District [of Wisconsin] because of its speed to trial, observing that it has become commonplace for patent holders with no connection to this district to file lawsuits here because this court is so fast and tends to keep such cases rather than foist them onto other courts. . . . This is all the more true in a case between direct competitors in a dynamic market where the dispute involves a recent patent. . . . Even though [defendant] had a legitimate reason to wait for a decision on its motion to disqualify before moving to transfer, this delay still militates against transfer because it is dead time against any calendar that could have been set by a Northern District [of California] Court." e2Interactive, Inc. et al v. Blackhawk Network, Inc., 3-09-cv-00629 (WIWD October 6, 2010, Opinion and Order)The chart below illustrates the average number of days from case filing to scheduled trial date, with each phase of litigation highlighted by the average number of days scheduled in 14 of the court’s pre-trial conference orders.
Friday, October 22, 2010
Is the Western District of Wisconsin “fast” for Patent Litigation Cases?
In denying a defendant’s motion to transfer venue, Judge Stephen L. Crocker (WIWD) acknowledged it was a close call, but stated: