Although a plaintiff’s choice of forum is typically given great weight, Judge Pisano in granting a defendant’s motion to transfer to the Northern District of California, recently afforded less deference to a plaintiff’s choice to litigate in Delaware where Delaware was not plaintiff’s “home turf” and none of the allegedly infringing acts occurred in Delaware. Qinetiq Limited v. Oclaro, Inc., C.A. No. 09-372-JAP, Opinion (D. Del. Dec. 18, 2009). Defendant’s only connection to Delaware in this matter was the fact that it is a Delaware corporation. Id. at 7. This alone was not enough to warrant litigating the action in Delaware and therefore the Court transferred the case to the Northern District of California. Id. at 8.
Qinetiq Limited v. Oclaro, Inc., C.A. No. 09-372-JAP, Opinion (D. Del. Dec. 18, 2009).
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