The court denied defendants' motion to transfer venue of plaintiff's qui tam false marking action. "Although [plaintiff] was incorporated three days before [it] filed its first false marking suit, [plaintiff] was not formed to manipulate venue. . . . There is no dispute that [plaintiff] was formed in anticipation of litigation, and its business model is solely to bring false marking lawsuits. But there is a difference between forming a company in an attempt to manipulate venue and forming a company in anticipation of litigation. . . . [Plaintiff's] president and employee has lived in the Eastern District of Texas for over a year. . . . Therefore, the Court will give some weight to the fact that [plaintiff] is incorporated in Texas and conducts all relevant operations in the Eastern District of Texas."
Texas Data Co., LLC v. Target Brands, Inc., et. al., 2-10-cv-00269 (TXED January 12, 2011, Order) (Ward, J.)