Intellectual Property Law

Judge Joseph J. Farnan, Jr.: Transfer Denied Where Defendants Not Subject to Suit in Transferee Forum

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

A defendant's motion to transfer will be denied where there is no evidence to establish that the defendant could have been sued in the transferee forum originally. Safety Braking Corp. v. Six Flags Theme Parks, et al., C.A. No. 07-127-JJF, Memo. Op. (D. Del. June 9, 2009). This is what Judge Farnan recently found in the Safety Braking Corp. matter in which the plaintiffs brought suit against several groups of theme park defendants all of which are Delaware entities that own and operate amusement parks in various locations across the United States. Defendants moved to transfer the litigation to the Central District of California where related cases involving similar technology and the same parties are pending. Id. at 2-3. The Court found that transfer was not appropriate because defendants did not submit sufficient evidence to show that plaintiffs could have properly brought suit in the Central District of California. Id. at 9.

Safety Braking Corp. v. Six Flags Theme Parks, et al., C.A. No. 07-127-JJF, Memo. Op. (D. Del. June 9, 2009).

Full post as published by Delaware IP Law Blog on June 10, 2009 (boomark / email).