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Magistrate Judge Burke denies motion to transfer.

Magistrate Judge Christopher J. Burke recently denied a motion to transfer a case to the Northern District of California.  Elm 3DS Innovations LLC v. SK Hynix Inc., et al., C.A. No. 14-1432-LPS-CJB (D. Del. Aug. 20, 2015).  The plaintiff was a Delaware limited liability company with operations in Carmel, California and the defendants were a Korean corporation with a principal place of business in Korea along with three of its subsidiaries: two California corporations (one with a principal place of business in San Jose and the other with a principal place of business in Eugene, Oregon) and a Delaware corporation with a principal place of business in San Jose.  Acknowledging that the motion presented a “close case” for transfer, Judge Burke ultimately decided that the balance of the Third Circuit’s Jumara factors favored keeping the case in Delaware.  The plaintiff had filed, on the same day as this action, two other infringement actions relating to most of the same patents.  Although a number of the Jumara factors were found to weigh in favor of transferring the case, Judge Burke explained that, ultimately, “a  ‘most important factor is the avoidance of duplicative litigation:  [a]djudicating almost identical issues in separate fora would waste judicial resources.’”  Id. at 27 (quoting In re Amendt, 169 F. App’x 93, 96 (3d Cir. 2006)).  “That concern is especially acute here, with the prospect of two districts being required to handle very similar cases involving 12 or more patents at the same time.”  Id.

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