Delaware forum is upheld despite related cases in Illinois

Stored Value Solutions Inc. v. Card Activation Technologies Inc., C.A. No. 09-495-JJF, November 20, 2009.

Farnan, J.  Defendant’s motion to transfer to the Northern District of Illinois is denied.

Defendant moves to transfer this case to the Northern District of Illinois.  After considering private and public factors, the Court finds that plaintiff’s choice to file in Delaware should be upheld where both plaintiff and defendant are incorporated here.  Defendant contends that transfer is proper so that the case can be heard by the same court that has heard the other cases stemming from the alleged patent infringement at issue in this case.  While efficiency may be had where a single judge presides over similar cases, such is not the case here where multiple judges in the Illinois court preside over the various cases.  Thus this factor does not weigh in favor of transfer.

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