Court Transfers Cases to Northern District of California

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Papst Licensing GmbH & Co. KG v. Lattice Semiconductor Corp., C.A. Nos. 14-1375 – LPS- CJB; Papst Licensing GmBH & Co. KG v. Xilinx Inc., C.A. No. 14-1376 – LPS- CJB; Papst Licensing GmBH & Co. KG v. Altera Corporation, C.A. No. 15-162 – LPS- CJB, September 1, 2015.

Burke, M. J.  Memorandum order granting defendants’ motion to transfer.

The defendants in three related cases moved for transfer to the Northern District of California where two other related cases were pending.  The motions were granted.  The Court found that the only Jumara factor weighing against transfer is plaintiff’s choice of forum.  Although the defendants are all Delaware corporations, their respective principal places of business are all located in California along with most of the witnesses and relevant documents (including the books and records) and software.  The alleged direct infringement also occurred in that forum.  The convenience to the parties of litigating in the two different forums weighs neutral but the convenience to witnesses favors the defendants’ choice.  It also would be less expensive to litigate in California.  Administrative difficulties do not favor either party but the local interest favors California.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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