Intellectual Property Law

Sue L. Robinson: Convenience Transfer Warranted by Operations "Regional" in Scope

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

In the District of Delaware, parties with nationwide operations are often unsuccessful in seeking transfers out of the jurisdiction. This is especially true when Delaware corporations are involved. But a decision today by district judge Sue L. Robinson reminds litigants that the scope of operations can also favor a convenience transfer:

"Generally, I do not grant transfer motions unless there is a first-filed case in another district . . . or the defendant is truly a regional enterprise. Under the circumstances at bar, I find that defendant . . . is more akin to a regional enterprise than a national player. Therefore, I find it is appropriate to transfer the above captioned case to the Northern District of California, for the convenience of parties and witnesses and in the interest of justice."

The Court's focus on the movant's regional nature is consistant with another recent transfer decision, reported by us in August 2008.

Synthes USA LLC v. Spinal Kinetics Inc., C.A. No. 08-838-SLR (D. Del. Feb. 24, 2009) (Robinson, J.).

Full post as published by Delaware IP Law Blog on February 24, 2009 (boomark / email).