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Another false marking case transferred - false marking defendants now 10 out of 11

By Michael C. Smith

Tex Pat, LLC v. Becton, Dickinson and Company, et. al., 5:10cv00123 (2/22/11)

Judge: Caroline Craven

Holding: Motion to Transfer Venue recommended GRANTED

False marking cases are becoming the New England Patriots of the venue world, having posted an 10-1 record to date on venue motion.  Judge Craven issued her first ruling on such motions this week, granting a motion.  The facts are, again, similar - plaintiff is a Texas company but with no facility or operations, while Defendant's location (including the only relevant witnesses and documents) is in New Jersey.

By the way, Judge Everingham issued an opinion this week as well transferring a false marking case in the Promote Innovation LLC v. Little Kids, Inc., case, but it was already included in the totals as he announced his ruling at the status conferences on November 23 - that was one of the two cases announced transferred at the hearings.

From Docket Navigator.

Full post as published by Eastern District of Texas Federal Court Practice on February 25, 2011 (boomark / email).