Transfer to California is granted
Qinetiq Limited v. Oclaro, Inc., Civil Action No. 09-372-JAP, December 18, 2009.
Pisano, J. Defendant’s motion to transfer the litigation to the Northern District of California is granted.
The technology covers multi-mode interference devices that may be used to split, combine, or route optical signals. Plaintiff is a U.K company with employees, including the inventors, located in the U.K. Defendant is a Delaware corporation with its principal place of business in California. While Plaintiff’s choice of forum is entitled to substantial deference, the court notes Delaware is not its “home” forum. Plaintiff will need to travel in either forum, but litigating in Delaware will require substantial travel and inconvenience to the defendant with little benefit to Plaintiff. The operative facts occurred outside Delaware.
