In a recent Memorandum Order, Magistrate Judge Christopher J. Burke denied defendants Elekta Holdings U.S., Inc. (“Elekta Holdings”) and defendant Elekta Inc.’s motion to transfer venue to the United States District Court for the Northern District of Georgia. Varian Medical Systems, Inc. v. Elekta AB, et al., C.A. No. 15-871-LPS-CJB (D. Del. June 8, 2016). Plaintiff Varian Medical Systems, Inc. (“Plaintiff”) designs and manufactures medical devices and software for treating cancer and other medical conditions with radiotherapy, radiosurgery, proton surgery and brachytherapy, and is the owner of U.S. Patent No. 6,888,919, which it asserts in this litigation. Plaintiff is a Delaware corporation with its principal place of business Palo Alto, California. Defendant Elekta Holdings is a Delaware corporation with its principal place of business in Atlanta, Georgia. Elekta Inc. is a wholly-owned subsidiary of Elekta Holdings, is a Georgia corporation, and has its principal place of business in Atlanta. Id. at 1-2.
Judge Burke found in this case that a weighing of the Jumara factors “does not produce a result that is ‘strongly in favor of’ transfer.” Id. at 22. Judge Burke explained that “nearly every factor is neutral—a result that simply underscores the reality that this case is one between truly national (and international) entities that have previously litigated against each other all over the globe.” Id. Judge Burke continued: “There is nothing surprising or particularly inconvenient about the fact that this new skirmish will go forward in Delaware: (1) the site of Plaintiff’s corporate home; (2) the site of the corporate home of one of the two U.S.-based Defendants; (3) a location that sits centrally located vis-a-vis the places of business of the various parties; and (4) a location close to some number of possible witnesses.” Id.