In Human Genome Sciences, Inc. v. Genentech, Inc., C.A. No. 11-082-LPS (D. Del. July 18, 2011), Judge Stark granted a rare motion to transfer venue. The deciding factor cited in the opinion is the fact that the judge at the alternative venue has “almost a decade of experience” with the patent at issue, including “four actions [involving] three claim construction orders, . . . fourteen summary judgment motions, . . . nine hearings, . . . twenty-five substantive orders, and . . . over 800 docket entries. [The judge] considers herself ‘a student of [the patent],’ being very familiar with the prosecution history, including the interference and reexamination record.” Id. at 18-19. Further, the judge has stated that she “is willing to preside over the instant actions, in addition to the related actions already pending before her.”
Along the way, the Court also addressed an argument that the lack of personal jurisdiction over the plaintiff in the proposed venue prevented transfer. The Court found that argument unpersuasive, because the plaintiff “would have conceded to personal jurisdiction . . . by filing suit there.” Id. 6-7.
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Judge Stark: Motion to Transfer Granted