Bid to transfer litigation to California fails
Apple Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-544-GMS, January 18, 2011.
Sleet, C. J. Defendants’ motion to transfer is denied.
The disputed technology relates to smart phone technology. Plaintiff Delaware corporation with business in California brought suit against Taiwan corporation located in Taiwan, Texas corporation located in Washington, British Virgin Island corporation with its business in the British Virgin islands, and a Texas corporation located in Texas. The court had previously declined to consolidate this action with other actions filed by this plaintiff because of insufficient overlap. Nevertheless, the court is persuaded that there is enough overlap to make it more efficient for this case to remain in this district. The court finds that the balance of convenience does not strongly favor transfer and thus the plaintiff’s choice of forum should prevail. Defendants have failed to identify physical or financial conditions which make it difficult to litigate in Delaware. Witnesses will need to travel long distances and documents will need to be shipped regardless of the forum.
