In a recent memorandum opinion, Judge Richard G. Andrews granted two defendants’ motions to transfer their cases to the jurisdictions where their manufacturing processes are alleged to infringe. Semcon Tech, LLC v. Intel Corp., C.A. No. 12-531-RGA (D. Del. Jan. 8, 2013); Semcon Tech, LLC v. Texas Instruments Inc., C.A. No. 12-534-RGA (D. Del. Jan. 8, 2013). The plaintiff alleged that both defendants (as well as other defendants in a number of concurrently filed cases) infringe a patent “by using a process to make integrated circuits that involves chemical-mechanical polishing with the use of an Applied Materials Reflexion system.” Id. at 2. The Court found that the balance of the Jumara factors weighed in favor of transferring both cases, in large part because unlike situations where a defendant sells an infringing product nationally, such that “the claims rise wherever the defendant’s products are sold” (including within the District of Delaware), Intel’s and Texas Instruments’ manufacturing processes take place, respectively, in the District of Oregon (among other non-Delaware locations) and the Northern District of Texas. Id. at 5, 10-11. Accordingly, “while it may be true that the products made by the infringing methods are sold everywhere, the actual infringing activities are taking place in [Oregon and Texas] but not in Delaware.” Id. The Court explained that the fact that these two cases did not “arise in” Delaware was a significant factor distinguishing them from the situation in In re Link_A_Media Devices Corp., 662 F.3d 1221 (Fed. Cir. 2011), previously discussed here. The Court also found that the plaintiff’s desire to keep a number of concurrently filed cases involving the same patent in the District of Delaware was a Link_A_Media-distinguishing factor that weighed against transfer, but the overall balance of Jumara factors weighed in favor of transfer. Id. at 7-8.
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