By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Smart Audio Technologies, LLC v. Apple, Inc., Civil Action No. 12-134-GMS (D.Del., November 16, 2012), the Court denied Apple’s motion to transfer the action to the Northern District of California. In denying the motion to transfer, the Court explained and examined the differences in the two approaches to analyzing the Jumara factors that have developed in the District of Delaware and referred to those approaches as (1) the “Affymetrix approach” and (2) the “modern approach.” Id. at 3-10. Ultimately, the Court found that the two approaches are quite similar and may not result in any practical difference in the outcome, although it did recognize that there appears to be some double-counting of plaintiff’s forum choice under the modern approach. Id. at 10-11. After analyzing the Jumara factors employing the language of the modern approach, the Court concluded that Apple failed to show that the balance of the factors weighed strongly in favor of transfer. Id. at 21.
A copy of the Memorandum Opinion is attached.