SMDK Corp. v. Creative Labs, 2:08cv26 (Dec. 14, 2009)
Judge: David Folsom
Holding: Motion to Transfer Venue GRANTED
It didn't take long for In re Hoffman-La Roche to have an effect on motions to transfer already in the pipeline. In this case, the defendants asked Judge Folsom to transfer the case to California, and at the scheduling conference the Court set the motion for hearing on January 7. Today, Judge Folsom cancelled the hearing and transferred the case, citing the new Federal Circuit opinion, noting that there were both defendants and some prior art activity in the transferee forum. According, Judge Folsom found that California was a "more convenient" forum, and thus transferred the case.