Motion to transfer is denied where defendant is a Delaware corporation
Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., C. A. No.10-308-LPS-MPT, October 13, 2010.
Thynge, M. J. The Magistrate recommends that defendant’s motion to transfer be denied.
Defendant seeks to transfer this infringement action to the Northern District of California pursuant to 1404(a) notwithstanding that it is Delaware corporation with its headquarters and principal place of business in Sunnyvale, California. Plaintiffs are a German corporation and a New York corporation that is headquartered in Dublin, California. The patents-in-suit are directed at technologies used in medical devices that perform radiotherapy medical treatments. Defendant cannot complain about being sued in Delaware when it chose to incorporate here. Therefore, the motion is denied.
