Federal Judiciary

Motion to Transfer Venue Denied in Patent Case

By Michael C. Smith

Konami Digital Entertainment Co, Ltd. et al v. Harmonix Music Systems, Inc. et al (6-08-cv-00286) (March 23, 2009)
Judge: John D. Love
Judge Love denied the defendant's motion to transfer this patent case, making a couple of useful observations.  First, he noted that "the geographic location of physical evidence must be taken into account" but that in this case "these materials are spread throughout the country and the nation, and therefore [the transferee forum] is not a clearly more convenient forum to access sources of proof for all parties. With respect to sources of proof that are purely electronic information. . . it does not follow that transfer to [the transferee forum] where Defendant . . . would have relevant source code would be more convenient for anyone." 
Second, Judge Love referred to a PriceWaterhouseCoopers study regarding trial delays, and found that "Plaintiffs have provided reliable evidence that patent cases go to trial, on average, just less than two years quicker in [the Eastern District of Texas] than in the District of Massachusetts, creating a reasonable inference that the parties would suffer prejudice from the delay in trial transfer would cause."  A point to remember here is that this is a Tyler Division case, where trial settings in patent cases vary from 18 to 24 months.  The Marshall Division has a somewhat longer time to trial for cases currently being set (although not for cases recently reaching trial) so it's important to know which times the Court was referencing.  

Full post as published by Eastern District of Texas Federal Court Practice on May 21, 2009 (boomark / email).