It’s a great month to go to Washington. And enjoy a cup of damn fine coffee and a slice of cherry pie, because Twin Peaks is baaaack!
But that may not be how Uniloc sees it. Of the top five filers of patent cases nationwide last year, only two filed in EDTX. Hawk filed about seven of its 40-odd cases here, and only Uniloc filed all of its cases here. But there is now one fewer since Judge Gilstrap granted a motion to transfer its claims against one defendant to Washington. But as Peakers know, the owls are not what they seem, and similarly, as noted below, there’s an important twist here – this isn’t a transfer based on the traditional 1404 factors at all…
I posted the other day on a case that was transferred to ND Cal. on the defendant’s motion. Statistics over the past three years indicate that motions to transfer in the EDTX are granted at a rate of about 50% (2014 – 48.4%; 2015 – 51.85%; 2016 – 48.39%), so here’s one where the motion to transfer to N.D. Cal. was denied, despite the deleterious effects on fictional (and perhaps magical) transport animals, whose existence and convenience is required to be considered when passing on motions to transfer. But as the Court noted in this case, there is another fiction that is not.
In this case,
Defent sought a transfer to its home court of the Northern District of California. In the attached opinion, Judge Payne granted the motion, finding that the defendant had shown that the Northern District of California is a clearly more convenient forum for this action. The opinion contains extensive and useful analysis on private interest factors as applied to a defendant headquartered in Pal Alto, California, as well as the “local interests” public interest factor.