Wednesday, June 15, 2011

Non-Practicing Entity's Choice of Forum Not Entitled to Deference

In granting defendants' motions to transfer venue, the court gave little weight to a non-practicing entity plaintiff's choice of venue. "Adiscov is a non-practicing entity, formed only for the purpose of protecting the intellectual property rights of the '760 patent. Furthermore, though the members of Adiscov may live in the district, there is little connection between the forum and the cause of action. . . . Therefore, the court finds that the plaintiff's choice of forum does not warrant a strong presumption and instead counsels that transfer may well be proper."

Adiscov, L.L.C. v. Autonomy Corp., PLC, et. al., 2-11-cv-00201 (VAED June 9, 2011, Order) (Smith, J.).

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