Motion to transfer to defendant's home turf is granted
Jennifer L. Brinkmeier and Tecnimed SRL v. Exergen Corporation, Civ. No. 10-176-SLR, January 3, 2011.
Robinson, J. Defendant’s motion to transfer is granted.
This qui tam action was brought for alleged violations of the false marking statute regarding certain thermometers with expired patent numbers. Violations of the Lanham Act and Delaware Deceptive Trade practices Act were subsequently added. Defendant moved to transfer the action to Massachusetts. Plaintiff, a Pennsylvania resident, filed in Delaware due to the court’s extensive experience with patent law and close proximity to her residence. Plaintiff corporation is an Italian corporation and a direct competitor of defendant. Plaintiff corporation has sold thermometers in Delaware but alleges defendant caused its products to no longer be sold in Delaware. Defendant is a Massachusetts corporation selling thermometers in Delaware and numerous states. Its offices and manufacturing facility are in Massachusetts. The court grants the transfer motion, noting there is litigation in Massachusetts involving the same subject matter and four patents, although it is not a related first-filed action. Also, defendant is not a Delaware corporation and Delaware represents a very small market for defendant’s products.
