One plaintiff transferred to Texas where first-filed action was pending; the rest remain in Delaware
Sony Electronics, Inc. et al. v. Orion IP, LLC, No. 05-255-GMS, Mar. 14, 2006.
Sleet, J. Motion to dismiss or stay under first-filed rule is granted in part and denied in part. Claims of plaintiff who was a party to Texas action were severed and transferred.
In November 2004, Orion filed a lawsuit in the Eastern District of Texas against 15 defendants, none of which is a party to this Delaware action. In February 2005, it amended its complaint to add Sony Corp. Sony filed its action in Delaware in May 2005. The same patents are at issue in both litigations, although potentially infringing websites are different. The Court severed the claims relating to Sony Corp. and transferred them to Texas. Jumera factors do not weigh in favor of transferring with respect to plaintiffs other than Sony Corp.
