Fortinet, Inc. v. Fireeye., Inc., C.A. No. 12-1066-SLR, May 16, 2013.

Robinson, J.  Defendant’s motion to transfer venue is granted.  Defendant’s motion to dismiss for failure to state a claim is denied as moot.

 Defendant moved to transfer the case to the Northern District of California and to dismiss the first amended complaint for failure to state a claim.  The motion to transfer was granted.  Although both parties are incorporated in Delaware, extenuating circumstances warrant transfer.  Both parties are headquartered in Northern California.  Defendant is the smaller company with no litigation history of record, and plaintiff is pursuing California state law claims.  Transfer is thus warranted in the interest of justice.  The motion to dismiss is denied as moot.