Intellectual Property Law

Judge Joel A. Pisano: Another Motion to Transfer GRANTED Where Only "Delaware Connection" Was Defendant's Incorporation

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

Earlier this week Judge Pisano, sitting by designation, granted another motion to transfer a patent infringement suit to the Northern District of California, based again on the fact that the sole connection to Delaware, for Defendants or Plaintiffs, is Defendant's incorporation in Delaware. The Court held that that connection alone was not enough, especially given the inconvenience of litigating in this forum for both of the parties and for the potential witnesses (Plaintiffs are located in Tokyo, Japan, and the Defendants and potential witnesses are within the Northern District of California), and the fact that any infringing conduct took place at Defendant's headquarters in Palo Alto, California. Mekiki Co., Ltd., v. Facebook, Inc., C.A. No. 09-975 (JAP), at 5-7 (D. Del. June 7, 2010).

Mekiki Co., Ltd., v. Facebook, Inc., C.A. No. 09-975 (JAP), at 6 (D. Del. June 7, 2010)

Full post as published by Delaware IP Law Blog on June 11, 2010 (boomark / email).