Delaware the wrong forum for inventorship dispute
Farnan, J. Motion to dismiss claims against individual defendants for improper venue granted. Defendants’ motion to dismiss or stay is granted.
The main issue in dispute is ownership of the patents-in-suit. All events leading up to ownership dispute occurred in California. The inventors lived in California and the subject of the patent was invented there. Nothing happened in Delaware relevant to ownership. Service as a potential witness in other Delaware litigation involving the same patents and Plaintiff does not make Delaware an appropriate forum. The Court stayed the Delaware action as to other defendants pending the outcome of a California action. California is better situated to settled the dispute over ownership where event, including formation of employment contracts, took place there. California’s public interest exceeds any interest of this Court. 35 U.S.C. Section 261 relating to assignment of patent rights does not require ownership to be resolved in federal court. Not all necessary parties have been joined in the Delaware action. Delaware is an inconvenient forum
