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The court again distinguishes Link A Media reiterating that, even if operating in another jurisdiction, Delaware may be “home turf” for Delaware corporation

Chief Judge Gregory M. Sleet recently denied defendant’s motion to transfer venue of this patent infringement action to the District of Massachusetts. AIP Acquisition LLC v. iBasis, Inc., C.A. No. 12-616-GMS (D. Del. Oct. 19, 2012). Plaintiff was a Delaware LLC with its principal place of business in Fort Lee, New Jersey, and defendant was a Delaware corporation with its principal place of business in Burlington, Massachusetts. Judge Sleet noted that in this case, plaintiff’s forum choice is afforded substantial deference because Delaware is plaintiff’s home forum (unlike in In re Link_A_Media, 662 F.3d 1221 (Fed. Cir. 2011)). Defendant had argued that plaintiff is based in New Jersey, and so its choice of forum was entitled to less weight, but Judge Sleet was unconvinced because “a corporate entity’s state of incorporation is part of its ‘home turf[.]’” Id. at 4. Judge Sleet also considered the “practical considerations” that related litigation involving plaintiff and the same patents was currently pending before the court and that “[p]ermitting the two cases to proceed in the same court could minimize costs to the judicial system as a whole, by requiring that only one court become familiar with the relevant technology.” Id. at 9. The court denied the motion because, although some private interest factors favored transfer (specifically defendant’s forum preference, where the claims arose, and where the relevant books and records were located), all other factors were either neutral or weighed “decidedly” against transfer. Id. at 10.


AIP Acquisition LLC v. iBasis, Inc., C.A. No. 12-616-GMS (D. Del. Oct. 19, 2012)

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