Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

Plaintiff alleges Defendant willfully infringed his copyright on two human bone marrow stem cell images.  Defendant is a Delaware corporation with its principal place of business in California and moves to transfer this case to the Central district of California.  Plaintiff is a New York resident.  Defendant claims that there were no agreements between the parties made in Delaware and almost all correspondence and business between the parties are in California.  Key witnesses are all in California.  The Court found that plaintiff’s choice of forum is entitled to paramount consideration.  Because defendant is conducting business on a national scale it should not be burdensome to litigate in Delaware.  The public interest factors similarly do not weigh in Defendant’s favor.  A copyright action, like a patent action, is not a dispute with localized interests.