Motion to Transfer Denied in Patent Case

NETWORK-1 SEC. SOLUTIONS, INC. v. D-LINK CORP., 2006 U.S. Dist. LEXIS 16545 (E.D. Tex. 2006)
Judge: Leonard Davis
Division: Tyler
Holding: Motion to Transfer Venue DENIED
COMMENTS:
Judge Leonard Davis issued this opinion to explain his reasons for denying the defendant's motion to transfer from the bench at the recent scheduling conference.  This 24 page opinion provides one of the most detailed analysis of a venue motion in a patent case by an Eastern District of Texas judge, and includes an eight page section "Balancing the Factors" which details how the court balances the various public and private factors against the plaintiff's choice of forum to determine when a transfer should be granted.  In this section, Judge Davis notes the effect that the first-to-file rule would have had on the motion had the prior filed case the defendant relied on still been pending when the motion was ruled on, and goes into detail explaining the differences between patent cases and personal injury or product liability cases when it comes to analyzing motions to transfer venue.