Thursday, April 4, 2013

Plaintiff’s Location as “Artifact of Litigation” Given Little Weight in Venue Analysis

The court granted defendant's renewed motion to transfer venue from the Southern District of Florida to the Southern District of California and gave little weight to plaintiff's choice of forum. "[Plaintiff's] parent company . . . is based in Canada and [plaintiff's] 'presence in Florida appears to be simply an artifact of litigation.' [Plaintiff] admits that its decision-making to base itself in Florida took into account 'federal district courts that are knowledgeable concerning patent matters, participate in the patent pilot program, and maintain an expedited docket compared to other jurisdictions.' [Plaintiff's] only Florida employee is a patent attorney. . . . Given these circumstances, little weight should be given to the Plaintiff's choice of forum."

Wi-LAN USA, Inc., et. al. v. Apple Inc., 1-12-cv-24318 (FLSD April 2, 2013, Order) (Moore, J.).

No comments: