Thursday, July 15, 2010

Judicial Economy and Risk of Inconsistent Claim Constructions Warrant Transfer of Venue from Eastern District of Texas

The court granted defendants' motion to transfer venue in part because the existence of related cases in the transferee forum would promote judicial economy and avoid inconsistent claim constructions. "Given the history of the litigation surrounding the patents-in-suit, transfer of the instant [plaintiff] lawsuit increases judicial economy and decreases the risk of inconsistent claim constructions. . . . Transferring the case to the Northern District of California not only eliminates the need for this district to become educated on the patents and the technology, but it also preserves the transferee court’s familiarity with the technology surrounding [network interface cards]."

U.S. Ethernet Innovations, LLC v. Acer, Inc., et. al., 6-09-cv-00448 (TXED July 13, 2010, Memorandum & Opinion) (Love, M.J.)

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