Patent case is transferred to California
Boram Pharm. Co., LTD v. Life Technologies Corp., Civil Action No.10-31-HB III, July 14, 2010.
Bartle, J. (sitting by designation) Defendant’s motion to transfer the case to the Southern District of California is granted.
The patent-in-suit related to technology to produce and screen recombinant viruses. Defendant moved to transfer to Southern California where it is undisputed that this action could have been brought. Plaintiff is a South Korean company with no ties to Delaware except this lawsuit. Defendant is a Delaware corporation with its principal place of business in Carlsbad, California, where the accused product was researched, developed, tested, sold and manufactures. At least 10 witnesses as well as the relevant documents are located there. Applying Jumara factors, the court concludes that California is the appropriate forum. The critical factors are the convenience of the witnesses and parties. The court further notes that travel between Korea and California is less onerous than between Korea and Delaware. The fact that both companies are large and can afford to indulge in litigation in the more expensive forum is no reason for the court to countenance this indulgence.
