Motion to transfer denied despite lack of "home turf" advantage
Apple Inc. and NeXT Software, Inc. f/k/a NeXT Computer, Inc. v. High Tech Computer Corp., a/k/a HTC Corp., et al., C. A. No. 10-166-167-GMS, January 14, 2011.
Sleet, C. J. Defendant’s motion to transfer venues to the Northern District of California is denied.
The Court denied defendant’s motion to transfer venue to the Northern District of California for the following reasons. Although Delaware is not plaintiff’s “home turf,” its choice of forum should prevail. Several cases are currently pending in this district with common issues of law and fact that are best considered by the same court. Moreover there are no physical or financial considerations cited by defendant that would make litigating in Delaware particularly burdensome.
