Transfer to Texas where related litigation was nearing conclusion was denied
Robinson, J. Motions to transfer venue and consolidate were denied. Motions for extension of time to answer complaints were denied and the answers would be due in 18 days.
Defendant in these actions moved to transfer to the Eastern District of Texas where a consolidated action filed by EpicRealm against numerous defendants involving the same patents was pending. EpicRealm is a Delaware limited partnership patent licensing firm with its corporate offices in Dallas. Oracle Corp. is a Delaware corporation with its business in California, and Oracle USA, Inc. is a Colorado corporation and wholly owned subsidiary of Oracle Corp. QuinStreet is a California corporation with its corporate office in California. Defendant asserted that transfer was warranted because 5 nonparty witnesses are not within the subpoena power of this Court. Travel to the Texas courthouse would be more convenient, and the Texas court has acquired substantial expertise over the subject matter. The Court ruled that defendant’s concerns about litigating in Delaware were outweighed by the fact that it has enjoyed the benefits and protections of Delaware, and this state has an interest in litigation regarding companies incorporated within its jurisdiction. Although defendant asserted that it was inconvenient for some witnesses to provide testimony in Delaware, discovery can be conducted at any convenient location. Trial testimony by recorded depositions is routine. Because Texas litigation is near completion, transfer would not serve judicial economy. Formal consolidation is not warranted at this point in the litigation, but the Court will consider a coordinated discovery and trial schedule.
A copy of the full opinion is available here.
