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Venuepalooza continues - Motion to Transfer Patent Case Denied

By Michael C. Smith

Convolve v. Dell, Inc., 2:08cv244 (E.D. Tex. 9/30/09)
Judge: Chad Everingham
Holding: Motion to Transfer Venue DENIED

I don't know what is in the water across the street today, but this is the fourth venue opinion I've seen from Judges Ward and Everingham since 5pm yesterday - and those are in just my cases!

This afternoon Judge Everingham followed up his transfer of the Immersion v. Mentice case to Ohio yesterday afternoon with an order denying a similar motion in this case seeking a transfer to New York.

"Considering all of the private and public interest factors," he wrote, "the defendants have not met their burden of showing that the Southern District of New York is clearly more convenient than the Eastern District of Texas. While one of the public and one of the private interest factors favor transfer, on balance, the remaining factors are neutral or weigh against transfer.  Therefore, the motion to transfer venue is DENIED."

Readers might be interested in comparing the two opinions because Judge Everingham specifically compares the facts in the two cases to recent Federal Circuit opinions - principally In re TS Tech, in deciding whether the "clearly more convenient" showing has been made.

Full post as published by Eastern District of Texas Federal Court Practice on September 30, 2009 (boomark / email).