Transfer was appropriate where plaintiff was not a Delaware corporation
Wacoh Company v. Kionix Inc., et al., Civil Action No. 10-617-RGA, January 9, 2012.
Andrews, J. Motion to sever granted; motions to transfer granted.
Defendant Delaware corporations with respective principal places of business outside of Delaware moved to transfer pursuant to 28 U.S.C. § 1404(a) and/or sever. Plaintiff, a Japanese corporation, with a principal place of business outside of Delaware opposed the motion. Severance of defendants is found to be appropriate where plaintiff joined unrelated defendants and asserted separate patents. Transfer was appropriate on balance of the Jumara factors where plaintiff’s choice of forum was not entitled to “‘paramount’ consideration.” “[P]laintiff is a non-Delaware corporation with no connection of any kind to Delaware[.]”
