Transfer and dismissal motions are denied; cases are consolidated
Intellectual Ventures I LLC, et al. v. Altera Corporation, et al., C. A. No.10-1065-LPS, January 23, 2012.
Stark, J. Defendants’ motion to transfer is denied. Defendants’ motion to dismiss or consolidate is denied as to dismissal and granted as to consolidation.
Plaintiffs are Delaware LLCs with a principal place of business in Washington and an office in N.D.Ca. All four defendants are Delaware corporations, three located in California and one in Oregon with a significant facility in California. The court, applying Jumara factors, distinguishes the Link_A_Media decision from the Federal Circuit. The court finds Delaware is Plaintiff’s “home turf” based on state of incorporation. Plaintiffs had a legitimate basis for choosing Delaware as the forum since all defendants are Delaware corporations and all have sold or offered for sale their products in Delaware, making personal jurisdiction indisputable. Defendants argue for the Northern District of California. Location of operative events and convenience of the parties Jumara factors weigh in favor of transfer, but only slightly as to convenience. Location of witnesses and relevant evidence only slightly favors transfer. Practical considerations favor the Delaware forum since the N.D.Ca. court has already transferred one action to Delaware. Public policy slightly favors Delaware since Delaware encourages the use by Delaware corporations to resolve business disputes. Other factors are neutral. Defendants have failed to show that the balance of convenience and interests of justice weigh strongly in favor of defendants. The cases are consolidated.
