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False marking case ordered transferred

By Michael C. Smith

Promote Innovation v. Schering, 2:10cv248 (2/14/11)

Judge: T. John Ward

Holding: Motion to Transfer Venue GRANTED

Well, this makes ten rulings, with nine cases transferred and one denied.  Plaintiff is located in Houston, and defendant is in New Jersey.  The Court's analysis disclosed "almost zero" facts alleging connecting the case to the Eastern District of Texas, and "nearly all facts relevant to the venue transfer analysis" showing a closer connection with New Jersey.  I could go through the anslysis, but after Judge Ward's opinion in Texas Data v. Target, there's really no need to. 

The only significant new fact was this - Plaintiff noted that the defendant did not file this motion until after the 11/23/10 status conferences (at which as I have mentioned two motions to transfer were orally granted, resulting in a mad scramble to file motions in the cases where they had not previously been filed) and argued that this delay warranted denying the motion.  The Court disagreed, and noted, citing the againg rock star of the venue caselaw's - its equivalent of AC/DC (or Spinal Tap, depending on your perspective) - Mohamed v. Mazda, 90 F. Supp. 757, 760 (E.D. Tex. 2000) for the proposition that a venue motion can be made at any time. The Court also noted that the plaintiff asked for an extension to respond to the motion, which didn't help out the "delay" argument, apparently.

In the end, the Court found that three factors weighed in favor of transfer, and only one - the relative difference in time to trial - weighed against it, noted recent Federal Circuit caselaw holding that in this situation, transfer is indicated, and concluded that the proposed transferee forum was "clearly more convenient."

Full post as published by Eastern District of Texas Federal Court Practice on February 19, 2011 (boomark / email).