Plaintiffs win battle over jurisdiction in several related declaratory judgment patent actions
Robinson, J. The Court denies several motions to dismiss for lack of subject matter jurisdiction and motions to transfer in related declaratory judgment patent actions.
Defendants brought several motions to dismiss for lack of subject matter jurisdiction and motions to transfer to the District of New Jersey in related declaratory judgment patent actions involving drug-eluting coronary stents. The Court denies defendant’s challenge to subject matter jurisdiction noting defendant’s action pending in New Jersey against Abbott Laboratories involving the same patents and products asserting similar factors in favor of jurisdiction. In addition, the Court denies the various transfer motions notwithstanding prior pending New Jersey litigation where defendant failed to sue or join plaintiff.Public interests do not weigh strongly in favor of transfer to New Jersey where plaintiff, a Delaware corporation, is not a party to the New Jersey action, and where the trial date has been set. Defendant’s arguments of inconvenience and possibility of inconsistent rulings are insufficient to disrupt plaintiffs’ legitimate forum choice. The motions to transfer are denied with leave to review if circumstances change.
A copy of the full opinion is available here.
