Transfer denied where patents in first-filed case are unrelated

Posted on August 1, 2011 by Kenneth L. Dorsney

NETGEAR, Inc. v. Ruckus Wireless, Inc., Civ. No. 10-999-SLR, July 28, 2011.

Robinson, J.  Motion to transfer is denied.

This is a patent infringement case between NETGEAR, Inc. and Ruckus Wireless, Inc. concerning wireless and wired local area network technology that plaintiff NETGEAR initiated on November 19, 2010.  On May 6, 2011, Defendant Ruckus moved to transfer the case to California where an earlier filed case is pending between the parties.  Both parties are Delaware corporation each having a principal place of business in California.  The first-filed California case is stayed for inter partes reexamination.  The motion to transfer was denied.  The defendant is not a regional enterprise, is a Delaware corporation, and the patents at issue in the first-field California case are unrelated.
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