By Memorandum Opinion entered by the Honorable Richard G. Andrews in the consolidated cases of Robocast, Inc. v. Apple, Inc., Civil Action No. 11-235-RGA (D.Del., February 24, 2012) and Robocast, Inc. v. Microsoft Corporation, Civil Action No. 10-1055-RGA (D.Del., February 24, 2012), the Court denied the motions to transfer of defendants Apple and Microsoft seeking to transfer the patent infringement actions asserted against them by plaintiff Robocast to the Northern District of California. Id. at 2 and 11. In analyzing the transfer motions under the Jumara factors, the Court found that factors (1) and (4) (plaintiff’s forum preference as manifested in the original choice and the convenience of the parties as indicated by their relative physical and financial condition) supported plaintiff’s position that the transfer motions should be denied. Id. at 3-4. Significantly, the Court also considered and distinguished the Federal Circuit’s holding in In Re Link_A_Media Devices Corp., 662 F.3d 1221 (Fed. Cir. 2011) from this action finding that there was a greater connection to Delaware in this action. Id. at 10. The Court also noted an important difference in the law of the Fifth Circuit and the Third Circuit in how to conduct a transfer analysis. Id. Ultimately, the Court determined that Apple and Microsoft did not show that the balance of convenience tipped strongly enough in their favor to warrant transfer. Id. at 10-11.
A complete copy of the Memorandum Opinion is attached.