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Judge Robinson grants motion to transfer to the Northern District of Ohio

In Mitchell Ellis Products, Inc. v. Agrinomix LLC, C. A. No. 16-367-SLR (D. Del. Mar. 16, 2017), Judge Sue L. Robinson granted a motion to transfer of a defendant that, while a Delaware company, only had operations and advertisement in Ohio and had not sold any accused products in Delaware.  The Court, as in other opinions, found the location of potential witnesses and books and records, as well as court congestion, to be neutral factors in the Jumara analysis, and observed that transfer would often be denied where a defendant was a Delaware company and did “business on a national scale, including Delaware.” Id. at 3-4.  Here, based on the averment of Defendant’s Managing Member and President, the latter factor was not present: “[t]here is no evidence of record — despite the intervening discovery and further briefing on this and related motion — that [Defendant] has sold or even advertised the accused devices in Delaware. Transfer of the above-captioned case to the United States District Court for the Northern District of Ohio, therefore, is appropriate.” Id. at 4.

Mitchell Ellis Products, Inc. v. Agrinomix LLC, C. A. No. 16-367-SLR (D. Del. Mar. 16, 2017)

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