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.

Jury Verdict Set Aside

Judge Gilstrap granted the defendant’s motion for judgment as a matter of law, setting aside the $6.6 million jury verdict that the plaintiff obtained last June. The reason was the court’s recent determination that there was not substantial evidence to support the jury’s verdict that the defendant’s products were not sold in the US. The tale is a lengthy one.