Motion to Transfer Granted Due to Forum Selection Clause

Judge Mazzant noted that “only in unusual cases will the public factors defeat the motion to transfer when there is a valid, enforceable forum selection clause.” Because he concluded that the Forum Selection Clauses are valid and enforceable and the public factors only slightly weigh against transfer, he determined that this was not one of those unusual cases. Thus the case was transferred to the District of Minnesota pursuant to 28 U.S.C. § 1404(a).

Motion to Transfer to WDWA Denied

Judge Payne denied Amazon’s motion seeking a transfer to Washington, finding that “Defendant’s generalized argument that documents are located in the Western District of Washington based on development efforts in Seattle is unpersuasive in light of the supporting assertions demonstrating that the documentary evidence is actually located on servers in Oregon or Virginia.” He also concluded, citing the Fifth Circuit’s guidance in In re Clarke, that “Amazon’s speculative statistics [the number of cases pending before each forum] carry little weight, and that the significantly lower time to trial in this District weighs against transfer.”

Tesla to California

Judge Ezra granted Tesla’s motion to transfer Graphite Charging’s patent infringement case against Tesla – filed in Tesla’s headquarters division of Austin, Texas – to California. Of interest, the specific facts regarding Tesla’s contacts with Austin are heavily redacted, so the metrics of Tesla’s contacts with Austin are not publicly available. But Judge Ezra noted that while Tesla did recently move its corporate headquarters to Austin, its engineering headquarters remain in NDCA, and the accused products were designed and developed primarily in the NDCA.

Motion to Transfer Patent Case Against Microsoft to WDWA Denied

Judge Albright denied the motion, noting that the fact that source code was stored in Washington state didn’t support a transfer when Microsoft was producing it for review in Washington D.C.. (Seriously, it’s in there). He also noted that not only are all the documents, software and code accessible anywhere, but the “extra security clearance” alleged to be needed to access it is possessed by employees in the WDTX.