On December 2, 2011, the Federal Circuit in In re Link_A_Media Devices made a significant ruling affecting the District of Delaware’s hold on suits filed against Delaware corporations that operate outside of the District. In particular, the Federal Circuit held that the District of Delaware erroneously denied defendant Link_A_Media Devices Corp.’s (hereinafter “LAMD”) motion to transfer a patent infringement action from the District of Delaware to the Northern District of California where the only reasons for not transferring the case were the defendant’s incorporation in the forum and the plaintiff decision to file suit there.

In Link_A_Media, the plaintiff, Marvell International Ltd. (“Marvell”), asserted four patents against LAMD in the District of Delaware. LAMD is a Delaware corporation with its headquarters in the Northern District of California that makes, sells and distributes microchips for data storage devices. Nearly all of LAMD’s employees work at its corporate location in the Northern District of California. Marvell is a holding company headquartered in Bermuda that is the assignee and sole owner of the four asserted patents. An entity related to Marvell, Marvell Semiconductor, Inc., is headquartered in the Northern District of California. LAMD moved to transfer the case to the Northern District of California under 28 U.S.C. § 1404(a), and Marvell opposed. The district court denied the motion to transfer.