Selene Communication Technologies, LLC v. Trend Micro Incorporated, et al., C.A. No. 14-435-LPS, January 16, 2015.

Stark, C.J.  Defendants’ motion to transfer to California is granted.

Plaintiff’s choice of forum disfavors transfer. However, the deference to be given to its choice of forum is reduced because its principal place of business is in Ohio.

Its incorporation in Delaware is not dispositive. Defendants’ choice of the Northern District weighs in favor of transfer. One defendant is a California corporation which maintained its headquarters in California until mid-2013 and still retains a substantial portion of its operations and employees there. The other defendant  is a Delaware corporation with its headquarters and principal place of business in California. It has never maintained a place of business in Delaware or had any employees, documents, or property in Delaware.

Defendants have legitimate and rational reasons for their choice of forum, and therefore, it is entitled to weight, but not the same weight as Plaintiffs’ choice of forum.  The location where the claim arose weighs in favor of transfer.

Research and development of the allegedly infringing products occurred primarily in California.  It is undisputed that this case could have been brought in the Northern District. The patent-in-suit was, until July 2013, held by a California company with a principal place of business in California. Thus any harm from infringement prior to that date was suffered primarily in California. The convenience of the witnesses weighs in favor of transfer. Practical considerations, such as judicial efficiency, weigh only slightly against transfer. The remaining Jumara factors are either neutral or slightly favor transfer. The court concludes that the burden to show that the pertinent factors weigh strongly in favor of transfer have been met.