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Judge Sleet denies motion to transfer case to New Jersey.

Judge Gregory M. Sleet recently denied Merck’s motion to transfer a case to federal court in New Jersey.  Bristol-Myers Squibb Co., et al. v. Merck & Co., Inc., et al., C.A. No. 14-1131-GMS (D. Del. Apr. 29, 2015).  Notably, the Court rejected Merck’s argument that the convenience of witnesses favored transferring the case to New Jersey, explaining that Merck’s “laundry list of its own employees . . . ‘are not considered by a court conducting venue transfer analysis because the parties are obligated to procure the presence of their own employees at trial.'”  Id. at 2 n.1 (quoting Nilssen v. Everbrite, Inc., 2001 WL 34368396, at *2 (D. Del. Feb. 16, 2001)).  The Court discounted the value of time-to-trial statistics on the basis that they are “somewhat speculative due to the inherent unpredictability in patent litigation,” but found that statistics showing that the time to trial in New Jersey would be longer than in Delaware weight slightly against transfer.

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