In Marvell International Ltd. v. Link_A_Media Devices Corp. , C.A. No. 10-869-SLR (D. Del. June 8, 2011), Judge Robinson recently denied defendant’s motion to transfer the action to the Northern District of California. Defendant argued that transfer was appropriate because its principal place of business was in California, the events surrounding the litigation arose outside Delaware, defendant was a regional corporation, relevant documents and non-party witnesses were in California, the court congestion in Delaware, and that plaintiff did not sue on its home turf. Id. at 2. Plaintiff disagreed that transfer was appropriate because defendant was a Delaware corporation, because Delaware court’s have expertise in patent litigation and because defendant has not specified any document or witness that cannot be produced in Delaware. Id. Judge Robinson noted that “plaintiff’s choice of forum is of paramount consideration” and defendant’s burden to prove that transfer is warranted remains unchanged even though plaintiff chose to sue in a forum other than its home turf. Id. at 3. Judge Robinson also noted that “because [defendant] is a Delaware corporation, it has no reason to complain about being sued in Delaware.” Id. at 4. Judge Robinson also found that defendant was an international company, rather than regional, evidenced by its offices around the globe. Id. Furthermore, the congestion of the court was a “non-issue”; and defendant’s argument about the location of discovery was not persuasive because “[i]n this electronic age, there are no substantial burdens associated with discovery or witness availability that support the need for transfer.” Id. at 5.
Marvell International Ltd. v. Link_A_Media Devices Corp. C.A. No. 10-869-SLR (D. Del. June 8, 2011)
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