By Memorandum Order entered by The Honorable Leonard P. Stark in Selene Communication Technologies, LLC v. Trend Micro Inc., et al., Civil Action No. 14-435-LPS (D.Del., January 16, 2015), the Court granted defendants’ motion to transfer the action to the United States District Court for the Northern District of California (“Northern District”), pursuant to 28 U.S.C. § 1404(a). After evaluating and weighing the Jumara factors, the Court found that the factors, in total, weighed strongly in favor of transfer.
In so ruling, the Court concluded that Plaintiff’s choice of forum in the District of Delaware was entitled to less deference because Plaintiff’s principal place of business was in Ohio. Id. at 1-2. The Court also concluded that Defendants’ choice of forum was entitled to some weight because Defendants maintained their principal place of businesses in the Northern District. Id. at 2. The Court also concluded that the location where the claim arose and the convenience of the witnesses weighed in favor of transfer. Id. at 2-3. Of particular note was the fact that three of the four inventors, who are third-party witnesses, reside in the Northern District. Id. at 3.
A copy of the Memorandum Order is attached.