Intellectual Property Law

Chief Judge Gregory M. Sleet: Motion to Transfer Denied

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

Chief Judge Sleet denied HTC's motion to transfer pending patent litigation brought by Apple Inc. related to smartphone technology finding that "Apple's choice of forum should prevail." Apple Inc. v. High Tech Computer Corp., C.A. Nos. 10-166-GMS, 10-167-GMS, Memo. (D. Del. Jan. 14, 2011). Specifically, the Court found that because of other related pending cases before the court it would "serve the interests of justice and the efficient use of court resources if these issues were addressed by the same court." Id. at 5. Although many of the witnesses and much of the relevant documentation may be located in the Northern District of California, the court noted that regardless of where the litigation goes forward "a number of witnesses must travel long distances and documents must either be shipped or produced electronically because the witnesses documents are located in several different geographical locations," including overseas. Id. at 6. The court, therefore, denied the motion to transfer to the the Northern District of California. Id.

Apple Inc. v. High Tech Computer Corp., C.A. Nos. 10-166-GMS, 10-167-GMS, Memo. (D. Del. Jan. 14, 2011).

Full post as published by Delaware IP Law Blog on January 19, 2011 (boomark / email).