Intellectual Property Law

Visiting Judge Paul Diamond: Motion to Transfer to Southern District of Iowa, defendant?s principal place of business, DENIED

By Karen E. Keller, Andrew A. Lundgren et al.

In Walker Digital, LLC v. Multi-State Lottery Association, C.A. No. 10-1113-PD (D. Del. Mar. 3, 2011), Judge Diamond denied defendant?s motion to transfer to the Southern District of Iowa where defendant is principally located. This patent infringement case involves defendant?s alleged use of plaintiff?s patented multiplier method in multi-state lottery games. Id. at 1. Judge Diamond went through each of the Jumara factors. Judge Diamond disagreed with defendant?s argument that plaintiff?s choice of forum deserved little deference because ?plaintiff?s choice of forum is a paramount consideration[.]? Id. at 3 (internal citations omitted). Judge Diamond also found that the alleged infringing conduct occurred in every state participating in the lotteries at issue, including Delaware. Id. Judge Diamond also found that the convenience of the parties factor was neutral, but the convenience of witnesses weighed against transfer because plaintiff?s non-party witnesses reside or work in Connecticut or New York. Id. at 4-5. Finally Judge Diamond found that public interest did not favor transfer because time to trial in both jurisdictions was the same in both districts and Delaware has more experience adjudicating patent cases. Id. at 5.

Walker Digital, LLC v. Multi-State Lottery Association, C.A. No. 10-1113-PD (D. Del. Mar. 3, 2011)

Full post as published by Delaware IP Law Blog on March 11, 2011 (boomark / email).