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Judge Joseph J. Farnan, Jr.: Copyright Case Transfer Denied

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Following District of Delaware precedent in the Alcoa v. Alcan matter decided by Judge Robinson in 2007 (C.A. No. 06-451-SLR, 2007, Memo. Order (D. Del. July 2, 2007)), Judge Farnan denied a copyright infringement defendant’s motion to transfer venue to the Central District of California. Leonard v. Stemtech Health Sciences, Inc., C.A. No. 08-67-JJF, Memo. Op. (D. Del. Dec. 19, 2008). The Court found little sympathy for the defendant, a Delaware corporation, who was urging the Court to transfer the case to California where its principal place of business is located. Despite the defendant’s argument that four key witnesses would be “inconvenienced” to travel to Delaware, they did not produce any affidavits or evidence to support the fact that these witnesses would actually be unavailable in Delaware. Id. at 7. Furthermore, although many documents and records subject to discovery are located in California, the Court found that the burden is not that great where electronic discovery is commonplace and the defendant made no showing that shipping documents to Delaware would be burdensome. Id. at 7-8. Defendant is also conducting business on a national scale and therefore it is not burdensome for them to litigate in Delaware, particularly where they are also incorporated here. Id. at 8. Finally, the Court gave little weight to the defendant’s argument regarding time to trial, recognizing the “relative expeditiousness” of both the District of Delaware and the Central District of California. Id. at 9.

Leonard v. Stemtech Health Sciences, Inc., C.A. No. 08-67-JJF, Memo. Op. (D. Del. Dec. 19, 2008).

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