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Federal Judiciary

: Eastern District of Texas Federal Court Practice

Patent Case Transferred to California

By Michael C. Smith

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Optimum Power Solutions LLC v. Apple, et al., 6:10cv61 (2/22/11)

Judge: Leonard Davis

Holding: Motion to Transfer Venue GRANTED

While presiding over our trial in the Acqis v. IBM case earlier this week Judge Davis found time to enter this opinion granting a motion to transfer this patent case to California.

The plaintiff asserted a single patent against Apple, Dell, HP, Lenovo, and Sony. While the plaintiff was formed in Frisco, Texas (which is within the Eastern District of Texas) a few weeks before filing suit, it has no employees or documents at that location, and its parent, Acacia, which acquired the patent and transferred it to OPS is located in California. Three of the defendants were from California as well, with one from Texas and one from Virginia, and third parties that might be relevant were located in various locations.

Judge Davis concluded that "California is a clearly more convenient venue for more witnesses and parties and has a much greater and localized interest in this litigation than this District" and accordingly ordered the case transferred there.

Full post as published by Eastern District of Texas Federal Court Practice on February 24, 2011 (boomark / email).