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Judge Sleet discounts NPE plaintiff’s choice to file suit in its “home” forum, transfers case to the District of Oregon.

Judge Gregory M. Sleet recently granted a motion by Intel to transfer a case to the District of Oregon.  Memory Integrity, LLC v. Intel Corp., C.A. No. 13-1804-GMS (D. Del. Feb. 13, 2015).  In addressing the Third Circuit’s Jumara factors, Judge Sleet discounted the weight of Memory Integrity’s choice to file suit in Delaware, its “home” forum, agreeing with Intel (itself a Delaware corporation) that because Memory Integrity is a “non-practicing entity with no facilities, operations, employees, or presence in Delaware[,]” it “cannot reap the full benefits of heightened deference” to its chosen forum.  Id. at 4.  On the other hand, Judge Sleet found Intel’s preferred forum, the District of Oregon, to make sense given that the company has a large design and development facility in Oregon, along with 37,000 employees.  Id. at 5.  Although the parties disputed whether the accused products in the case were developed in Oregon or Israel, Judge Sleet noted that it was undisputed that they were not developed in Delaware, id. at 7, nor were there any identified witnesses or records located in Delaware, id. at 8-9.  On balance, Judge Sleet found that the Jumara factors tipped in favor of transferring the case.

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