Judge: John Love
Holding: Motion to Transfer Venue GRANTED
This is a patent case dealing with insulated concrete forms, illustrated by the "standard panel" shown at left. Judge Love concluded that the Defendants had met their burden to show that transfer to the District of Nebraska was clearly more convenient. The Court found that the relative ease of access to sources of proof and the cost of attendance for willing witnesses heavily favor transfer, as did the local interest factor. The remaining convenience factors, including judicial economy, are neutral or slightly against transfer. "This is a case that is significantly localized in Nebraska and Canada," Judge Love wrote. "Most of the Defendants are Canadian, as is Plaintiff; yet, Reward Wall’s presence in Nebraska creates a domestic locus in the transferee venue. In addition, most of the identified witnesses and documents are in Canada or Nebraska. It would be far more convenient for many of the parties to travel to Nebraska, as it would to transport relevant documents and demonstrative devices to the transferee venue. Further, this action has no meaningful connection to Texas. In sum, there is little convenience to the parties should this case remain in Texas, while there are several reasons why it would be more convenient for the parties to litigate this case in Nebraska."
From Docket Navigator.