By Memorandum Order entered by The Honorable Leonard P. Stark in Carl Zeiss Meditec, Inc., et al. v. Xoft, Inc., Civil Action No. 10-308-LPS-MPT, the Court affirmed the Report and Recommendation issued by Magistrate Judge Mary Pat Thynge on October 12, 2010 denying defendant Xoft, Inc.’s motion to transfer the action to the Northern District of California. In its objections, Xoft contended that Judge Thynge committed legal error by (1) ignoring the settled position of Delaware courts that when the proposed transferee forum is more convenient and has more substantial connections with the litigation, the sole fact that a defendant is incorporated in Delaware should not prevent transfer; (2) ignoring the fact that Delaware is not the home turf of either party; and (3) improperly requiring Xoft to submit affidavits that third-party witnesses were not only beyond the subpoena power of the Court, but also were unwilling to testify in Delaware. Id. at 2. Plaintiff Zeiss disagreed with all of Xoft’s contentions and urged the Court to adopt Judge Thynge’s Report and Recommendation in full. Id.

After reviewing the Report and Recommendation, the objections thereto, recent Federal Circuit precedent that Xoft brought to the Court’s attention and the record, the Court concluded that Judge Thynge’s Report and Recommendation carefully and properly weighed the relevant public and private interests set forth by the Third Circuit in Jumara v. State Farm Ins. Co., 55 F.3d 873 (3d Cir. 1995) and found that, on balance, the convenience of the parties and witnesses and the interests of justice did not warrant transferring this case to California. Id. at 4.  Thus, the Court adopted the Report and Recommendation in full.

A complete copy of the Memorandum Order is attached.