Friday, June 24, 2011

Absent "Unique or Unexpected Burden" Defendant's Incorporation in Delaware Precludes Transfer of Venue for Convenience

The court denied defendants' motion to transfer venue for convenience where some of the defendants had incorporated in the forum state. "[T]he Court emphasizes that three of the four domestic Defendants chose to incorporate in Delaware. . . . Thus, 'absent some showing of a unique or unexpected burden, a company should not be successful in arguing that litigation in its state of incorporation is inconvenient.' No such showing has been made here."

Intellectual Ventures I LLC v. Check Point Software Technologies Ltd., et. al., 1-10-cv-01067 (DED June 22, 2011, Order) (Stark, J.)

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