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... and the beat goes on. Motion to reconsider order denying transfer denied.

By Michael C. Smith

Mediostream v. Microsoft, 2:08cv369 (E.D. Tex. 9/30/09)

Judge: Chad Everingham

Holding: Motion to Reconsider Order Denying Motion to Transfer Venue DENIED

Okay, now we're up to five venue opinions in patent cases today, four of which are in cases I'm in, and three of which are by Judge Everingham.  In less than 24 hours.

This afternoon the court issued an order that denied a motion to reconsider his prior order denying a motion to transfer.  The original motion was denied prior to VW and TS Tech and the defendants refiled citing the new appellate caselaw.  The court balanced the private and public interest factors, and concluded that most of the factors were neutral. The availability of compulsory process weighed in favor of a transfer, as did the local interest in resolving the dispute. But "[t]he presence of substantial infringement allegations against Dell, however, weighs against many of the factors that would otherwise strongly favor a transfer to the Northern District of California," the Court wrote.  "On balance, the defendants have not demonstrated that the proposed transferee court is ?clearly more convenient? for the trial of this case. The motion to reconsider the motion to transfer venue is denied in Case No. 2:07CV376. Microsoft?s motion to transfer venue in Case No. 2:08CV369 is also denied."

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