Finisar Corporation v. Cheetah Omni, LLC, 2-11-cv-15625 (MIED November 19, 2012, Order) (Borman, J.).
Wednesday, November 21, 2012
Declaratory Judgment Defendant Enjoined From Pursuing Infringement Claims In Eastern District of Texas
The court granted a declaratory judgment plaintiff's motion for an injunction of defendant's co-pending claims against plaintiff's customers in the Eastern District of Texas because the balance of hardships favored an injunction. "[Defendant] resides and works in this district.' In addition, all of [its] attorneys are located in. . . the Eastern District of Michigan. . . . Further. . ., the Eastern District of Michigan is in reality the venue of first filing since Defendant originally filed two lawsuits [here] against two of the Texas 'customers.' Defendant then abruptly dismissed them, and shuffled down to [Texas] to sue them there. . . . The Court finds it suspicious at best, why [defendant] filed two cases in Detroit separately -- think two different judge draws -- and then apparently not satisfied with the draws, scooted to Texas, where. . . every judge is hospitable to plaintiffs. . . ."