Case transferred to Wisconsin where related litigation is pending
Alloc, Inc. et al. v. Unilin Décor N.V. et al., No. 03-253 (GMS), Oct. 26, 2006.
Sleet, J. Motion to transfer granted.
The patents relate to a laminate flooring system which can be connected and installed without the use of glue. These two cases filed in Delaware in March, 2003 and December, 2005 are part of a series of actions Alloc has filed across the nation involving the two patents-in-suit and related patents. Alloc has been litigating one of the patents-in suit in Wisconsin since 2000. On August 17, 2006, the Wisconsin court allowed Alloc to amend to add claims relating to the second patent at issue in this Delaware litigation. Alloc’s argument that it did not have jurisdiction over one defendant in Wisconsin such that it could not have brought suit there was rejected over evidence that the defendant had not objected to venue in prior litigation. Alloc and one defendant are Delaware corporations, but no parties have a principal place of business in Delaware. Jumara factors weigh in favor of transfer where related lawsuits are pending.
