Delaware Patent Litigation Report : Delaware Intellectual Property Lawyer & Attorney : Morris James Law Firm : Delaware Patent Litigation Report

This is a patent infringement case involving antivirus and internet security products.  On December 8, 2010, plaintiff, Intellectual Ventures I LLC, initiated this action in the state of its incorporation.  The defendants thereafter moved to transfer the case to the Northern District of California pursuant to 28 U.S.C. § 1404(a).  Although some of the defendants were incorporated in Delaware, none has a principal place of business in the state and each asserts that the allegedly infringing technology was developed outside of Delaware.  “Plaintiff’s choice of forum, which is given paramount importance, weighs heavily against transfer.”  Consideration of the relevant public and private transfer factors does not overcome plaintiff’s choice of forum.  Transfer is denied.