Thales Airborne Systems S.A. et al. v. Universal Avionics Systems Corp., No. 05-853-SLR, June 21, 2006.
Robinson, J. Defendant’s motion to transfer is denied. A motion to enjoin a New Jersey suit with additional patents in dispute filed hours after the Delaware suit is granted with respect to patents already part of the Delaware action and denied with respect to patents first filed in New Jersey.
Plaintiffs, French corporations, own the rights to the patents-in-suit. The French parent company of both has a subsidiary, Thales Avionics, Inc., which is a Delaware corporation with principal place of business in New Jersey and which is not a party in this suit. Defendant is an Arizona corporation with a principal place of business in Arizona. The parties are competitors in the avionics equipment market, including terrain awareness and warning systems. Defendant’s argument that the case should be transferred to New Jersey was rejected where none of the parties had a presence in either Delaware or New Jersey. Defendants filed a more comprehensive action in New Jersey hours after the Delaware action was filed. The court enjoined defendants from prosecuting in New Jersey only the patents which are the subject of the Delaware action.
