Federal Judiciary

Motion to Transfer Denied, Citing Texas Connections and Governing Law

By Michael C. Smith

Calypso Wireless v. T-Mobile USA Inc, 2:08cv441 (3/31/10)

Holding: Motion to Transfer Venue DENIED

Judge: Chad Everingham   

Defendant's motion to transfer venue was denied in this case, which has plaintiffs and a crossclaimant from Texas and a big old fight over patent ownership between Texas parties pending in Texas state court. "[T]he defendant has not met its burden of showing that the Western District of Washington is 'clearly more convenient' than the Eastern District of Texas," Judge Everingham wrote. "Availability of compulsory process and local interest weigh in favor of transfer, and cost of witness attendance slightly favors transfer. On the other hand, other practical problems and familiarity with the governing law weigh against transfer, and ease of access to sources of proof weighs slightly against transfer."

(Ed. note: Having watched this case for a while, I think the Washington judge that would have gotten this case may have dodged a bullet.)

Full post as published by Eastern District of Texas Federal Court Practice on April 02, 2010 (boomark / email).