Wednesday, August 28, 2013

Availability of Patent Pilot Program Does Not Factor Into Venue Analysis

The court granted defendant's motion to transfer plaintiff's infringement action from the Northern District of Illinois to the Western District of Washington and rejected plaintiff's argument that the patent pilot program made Illinois a better forum for its case. "The pilot program involves fourteen federal district courts, including the Northern District of Illinois but not the Western District of Washington. However, [plaintiff] misunderstands the underlying purpose and function of the pilot program. . . . '[T]he program does not necessarily enhance the patent expertise of the participating districts vis-à-vis other districts. Instead, it enhances the patent expertise of participating judges within a district vis-à-vis other judges in the same district.'. . . Consequently, this is a neutral factor."

Craik v. The Boeing Company, 1-13-cv-00874 (ILND August 15, 2013, Order) (Darrah, J.).

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