Evans Design Dynamics, LLC v. Nike, Inc., et. al., 8-12-cv-00493 (FLMD October 22, 2012, Order) (McCoun, M.J.).
Wednesday, October 24, 2012
Recently Formed Plaintiff’s Choice of Venue Not Entitled to Deference
The magistrate judge recommended granting defendants' motion to transfer venue of plaintiff's infringement action from the Middle District of Florida to the District of Oregon and found that plaintiff's choice of forum was not entitled to considerable deference. "[N]either the Plaintiff company nor the facts underlying its patent infringement claims appear to have any meaningful connection to this District. While Plaintiff is a Florida corporation with its principal place of business now physically located in the Middle District of Florida, the facts and circumstances underlying this patent suit appear to have no other significant connection or relationship with this District apart from the fact that the Defendants sell their products in the State. . . . [Plaintiff] was incorporated in Tampa, Florida. . . only shortly before suit was filed. . . . . The inventor. . . continues to reside in England. . . . [A]part from the fact that [defendants] do business in the State of Florida, there appears no other connection between the allegations of patent infringement and this District."