In a recent transfer opinion, Judge Bartle (sitting by designation from the E.D. Pa.) granted defendant Life Technologies Corporation’s motion to transfer to the Southern District of California. Boram Pharm. Co., Ltd. v. Life Technologies Corp., C.A. No. 10-31-HB, Memo. (D. Del. July 14, 2010). This was not a case where the plaintiff’s home turf is Delaware, since Boram is a South Korean company. The court found that the “critical factors” weighing in favor of transfer in this case are the “convenience of the parties and the witnesses.” Id. at 3. Specifically, Life Technologies demonstrated that 10 key witnesses are in the Southern California and all non-party witnesses are within that court’s subpoena power. Id. Furthermore, all of the “key research, testing, development, marketing, sales, and manufacture of the Accused Products” takes place in Southern California. Id. Also, although both parties are large corporations “and by implication can afford to indulge in litigation in this, the more expensive forum, it is no reason for the court to countenance this indulgence.” Id. at 4.
Boram Pharm. Co., Ltd. v. Life Technologies Corp., C.A. No. 10-31-HB, Memo. (D. Del. July 14, 2010).
Delaware IP Law Blog 