By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Ithaca Ventures k.s., et al. v. Nintendo of America Inc., et al., C.A. No. 13-824-GMS (D.Del., September 25, 2014), the Court granted Nintendo’s motion to transfer the patent infringement action to the Western District of Washington pursuant to 28 U.S.C. § 1404(a). In doing so, the Court found that plaintiff Ithaca’s forum choice was not entitled to maximum deference because, although Itahca Development was organized under Delaware law, its principal place of business being in Texas diminished its argument that Delaware was its “home turf.” See id. at 4. The Court also found significant the fact that Ithaca Development was only organized under Delaware law a few weeks before filing the patent infringement action, which suggested to the Court that Ithaca Development’s organization in Delaware was motivated significantly by the subject litigation. See id. Ultimately, the Court concluded that Nintendo met their burden of demonstrating that the interests of justice and convenience strongly favor transfer under the Jumara factors. See id. at 14.
A copy of the Memorandum Opinion is attached.