Court declines to transfer to Michigan

Automotive Technologies Int’l, Inc. v. American Honda Motor Co., Inc. et al., No. 06-187 GMS, Dec. 21, 2006.

Sleet, J.  Motions to transfer to the Eastern District of Michigan are denied. 

 

The Court noted it affords less deference to plaintiff’s choice of forum because Delaware is not its “home turf.”  ATI argued that it and one defendant are incorporated in Delaware, all parties are subject to personal jurisdiction here, this forum’s docket is noticeably faster in resolution of complex cases, and there is no alternate forum markedly more convenient.  The court accepted plaintiff’s reasoning and noted that the location of books and records further weighs against transfer.  No strong local interest supports litigating in Michigan.  The court distinguishes this case from Alloc, because in Alloc the same patents were already at issue in the transferee forum.  Here, the court is unaware of a single patent-in-suit which is asserted in any action in Michigan.
Tags:
Trackbacks (0) Links to blogs that reference this article Trackback URL
http://depatentlaw.morrisjames.com/admin/trackback/126674
Comments (0) Read through and enter the discussion with the form at the end
Post A Comment / Question Use this form to add a comment to this entry.







Remember personal info?
Send To A Friend Use this form to send this entry to a friend via email.