Monday, November 8, 2010

Plaintiff's "Recent, Ephemeral" Presence in EDTX did not Warrant Retention of Venue Where the Public and Private Convenience Factors Favored Transfer

Defendants' motion to transfer venue was granted where the private and public factors favored transfer. "[Plaintiff] allegedly moved its office to a residential apartment complex in Frisco less than three weeks before this suit was filed. Although [plaintiff] has a long term presence in Texas, its presence in this district 'appears to be recent, ephemeral, and an artifact of litigation.'. . . [One defendant's] headquarters are located in the Northern District of California, and nearly all of [its] relevant documents and employees with knowledge of the accused products can be found in that district. Likewise, the vast majority of [the other defendant's] witnesses and evidence are located in Oregon, which is much closer to the Northern District of California than the Eastern District of Texas. Although [plaintiff] contends that all of its documents are located in this district, the Federal Circuit has indicated that the majority of physical evidence is provided by the accused infringers."

Affinity Labs of Texas, LLC v. Nike, Inc. et al., 2-10-cv-00054 (TXED November 4, 2010, Order) (Everingham, M.J.)

No comments: