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Federal Judiciary

: Eastern District of Texas Federal Court Practice

Patent Case Transferred to Ohio

By Michael C. Smith

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OhioH-1001

Immersion v. Mentice, 2:08cv161 (E.D. Tex., Sept. 29, 2009)

Judge: Chad Everingham

Holding: Defendants' Motion to Transfer Venue GRANTED

Earlier this evening Judge Everingham granted the defendants' motions to transfer this patent case to Ohio, finding that "[t]he balance of the private and public factors demonstrates that the transferee venue is clearly more convenient than the venue chosen by the plaintiff" citing the Fifth and Federal Circuit VW cases and the Federal Circuit's Genentech case.  But the case which most closely resembled this one, Judge Everingham, was In re TS Tech, in which the Federal Circuit held that a case should have been transferred to Ohio.

Full post as published by Eastern District of Texas Federal Court Practice on September 29, 2009 (boomark / email).

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