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Motion to Transfer Denied, Citing Delay in Filing

By Michael C. Smith

Novartis Vaccines and Diagnostics, Inc. v. Wyeth et al, 2:08cv0067 (3/31/10)
Holding: Motion to Transfer Venue DENIED
Judge: Chad Everingham  

Judge Everingham denied this motion to transfer, noting that the defendant waited a full sixteen months after the plaintiff filed its original complaint to file its motion to transfer, during which time the parties negotiated a docket control, discovery, and protective orders, completed initial disclosures, exchanged infringement and invalidity contentions and proceeded through extensive document production. "In light of the timing of the motion and the amount of resources expended when the motion was filed, the Court finds that the interests of justice weigh heavily against transfer" noting that the facts indicated that the motion was being used as a dilatory tactic.

In this case the plaintiff and the defendants were generally clustered in the Northeast, and transfer was sought to California, which the Court noted was an average of 1,300 miles further than Texas for each of the parties.  

From Docket Navigator

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