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Judge Sleet denies motions to transfer

Chief Judge Gregory M. Sleet recently denied motions to transfer to various districts in a series of related actions against Endologix, W.L. Gore, Medtronic, Cook Incorporated, and C.R. Bard. E.g., Lifeport Sciences LLC v. Endologix, Inc, C.A. No. 12-1791-GMS (D. Del. May 22, 2014). “[T]he District of Delaware is uniquely positioned to resolve the related patent infringement actions.” Id. at 3. At least the case against W.L. Gore, a Delaware corporation with a Delaware principal place of business, would have to stay in Delaware , and plaintiff had asserted the most patents against this defendant; there was significant overlap between the patents asserted in this action and the patents asserted in actions involving defendants moving to transfer. Id. at 3 n.2. As a result, transferring some of these cases would “require identical patents to be litigated in two separate courts, which would increase the burden on the judiciary and relevant third-party witnesses. In addition, all the time and cost efficiencies of litigating related actions together, such as coordinating discovery and depositions will be lost, and replaced with the risk of inconsistent claim constructions, duplicative discovery, and duplicative costs.” Id. As a result, the Court denied the motions to transfer in the Endologix, Medtronic, and Cook actions.

Lifeport Sciences LLC v. Endologix, Inc, C.A. No. 12-1791-GMS (D. Del. May 22, 2014)

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