Turn of the Century Solution, L.P. v. International Rectifier Corp., No. 05-816-SLR, June 15, 2006.
Robinson, J. Motion to transfer to California where breach of contract case relating to patents was filed was denied.
IRC was sued in California for breach of a non-disclosure agreement of purported use of Y2K remediation and IRC defended by showing the Y2K remediation it used was a technique described in the patents-on-suit. TOC claims this was an admission of infringement and moved to transfer to California. I RC’s four key witnesses and two of four non-party witnesses reside in California. IRC argued TOC’s choice of Delaware forum should be given little deference due to no connection to Delaware. TOC’s principal place of business is 33 miles from Wilmington. IRC is a Delaware corporation. The Court denied the motion to transfer, noting plaintiff’s choice of forum is entitled to great deference.
