Elm 3DS Innovations LLC v. SK Hynix Inc., et al., C.A. No. 14-1432-LPS-CJB, August 20, 2015.
Burke, M. J. Defendants’ motion to transfer venue to the Northern District of California is denied.
Plaintiff is a Delaware LLC with its principal place of business in Carmel, California. Plaintiff was formed in June 2014 and the complaint was filed in November 2014. One defendant is located in Korea, and the others located in California. Two are California corporations and one is a Delaware corporation. Plaintiff has 2 additional suits pending in Delaware filed on the same day. The court is not convinced that plaintiff engaged in venue manipulation. Defendants’ choice of forum and place where the claim arose weigh in favor of transfer. The convenience of the parties and the witnesses weigh slightly in favor of transfer as does the location of books and records. The efficiencies of the case staying in Delaware where two related cases are pending weigh against transfer. Administrative difficulties and local interest factors are neutral. This is a close call, and while the balance of convenience favors defendants, it does not weigh strongly in their favor.
