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Bovino v.

United States District Court, D. Colorado

May 6, 2014

JERALD A. BOVINO, Plaintiff,
v.
INCASE DESIGNS CORP., Defendant.

ORDER GRANTING DEFENDANT'S MOTION TO TRANSFER VENUE

WILLIAM J. MARTNEZ, District Judge.

Plaintiff Jerald A. Bovino ("Plaintiff") has brought this patent infringement case against Incase Designs Corp. ("Defendant"). Before this Court is Defendant's Motion to Transfer Venue under 28 U.S.C. § 1404(a) to the District Court for the Northern District of California (the "Motion to Transfer"). (ECF No. 17.) For the reasons set forth below, Defendant's Motion to Transfer is granted.

I. BACKGROUND

Plaintiff filed his Complaint on August 7, 2013. (ECF No. 1.) Plaintiff seeks damages for Defendant's alleged infringement on Plaintiff's patent No. 6, 977, 809, which was issued for a "Portable Computer Case." ( Id. at 2, 4.)

On October 23, 2013, Defendant filed the instant Motion to Transfer Venue pursuant to 28 U.S.C. § 1404(a), and to Dismiss Plaintiff's Claims of Indirect and Willful Infringement pursuant to Federal Rule of Civil Procedure 12(b)(6). (Motion (ECF No. 17.)) Plaintiff filed a Response on November 13, 2013. (ECF No. 26.) Plaintiff filed an Amended Complaint on November 14, 2013, thus mooting Defendant's Motion to Dismiss as to the original Complaint. (ECF No. 27.) Defendant filed its Reply on November 26, 2013. (ECF No. 33.)

This Motion to Transfer is now ripe for resolution.

II. LEGAL STANDARD

"For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought." 28 U.S.C. § 1404(a). The party seeking to transfer a case pursuant to § 1404(a) bears the burden of establishing that the existing forum is inconvenient. See Chrysler Credit Corp. v. Cnty. Chrysler, Inc ., 928 F.2d 1509, 1515 (10th Cir. 1991).

In ruling on a motion to transfer venue, district courts must assess two issues: (1) whether the case might have been brought in the proposed transferee district, and (2) whether the "competing equities" weigh in favor of adjudicating the case in that district. See Hustler Magazine, Inc. v. U.S. Dist. Court for the Dist. of Wyo ., 790 F.2d 69, 71 (10th Cir. 1986). The competing equities include the following factors:

(1) plaintiff's choice of forum; (2) the accessibility of witnesses and other sources of proof, including the availability of compulsory process to insure attendance of witnesses; (3) the cost of making the necessary proof; (4) questions as to the enforceability of a judgment if one is obtained; (5) relative advantages and obstacles to a fair trial; (6) difficulties that may arise from congested dockets; (7) the possibility of the existence of questions arising in the area of conflict of laws; (8) the advantage of having a local court determine questions of local law; and (9) all other considerations of a practical nature that make a trial easy, expeditious and economical.

Chrysler Credit Corp ., 928 F.2d at 1516 (quoting Tex. Gulf Sulphur Co. v. Ritter , 371 F.2d 145, 147 (10th Cir. 1967)). The decision to transfer venue, however, lies in the sole discretion of the district court and should be based on an "individualized, case-by-case consideration of convenience and fairness." Texas E. Transmission Corp. v. Marine Office-Appleton & Cox Corp ., 579 F.2d 561, 567 (10th Cir. 1978); Stewart Org. v. Ricoh Corp ., 487 U.S. 22, 29 (1988).

III. ANALYSIS

A. This Case Might Have Been Brought In The Northern District of Texas

"Plaintiff does not dispute that [the] Northern District of California is a district where this case could have initially been brought." (ECF No. 26 at 2.) Defendant is a California corporation with an address in San Francisco, in the Northern District of California. (ECF Nos. 27 ¶ 2, 17-1 ¶ 6.) The Court, therefore, finds that this action might have been brought in that district. See 28 U.S.C. § 1400(b) ("[A]ny civil action for patent infringement may be brought in the judicial district where the defendant resides."). The Court must next determine whether ...


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