Federal Judiciary

Motion to Transfer Venue Denied in "National" Patent Case

By Michael C. Smith

Intellectual Capital Holdings Limited v. NEC Corporation of America et al, No. 5:08-cv-00065) (June 2, 2009)
Judge: Caroline Craven   
Holding: Motion to Transfer Venue DENIED
Judge Craven denied the defendants' motion to transfer venue, holding that given the "national character" of the case and the fact that the plaintiff and one of the defendants had connections with Texas counseled against a transfer.  But even if Plaintiff had no connection to the forum, the court concluded that the motion would still be denied because the defendants have still "failed to demonstrate that there is a localized focus of people, events, and evidence in the [transferee forum] as to make that venue clearly more convenient for all involved. To the contrary, this case has a national reach, such that no one particular forum can be said to be clearly more convenient than any other."

Full post as published by Eastern District of Texas Federal Court Practice on June 04, 2009 (boomark / email).