Acqis LLC v. EMC Corp.

67 F. Supp. 3d 769, 2014 U.S. Dist. LEXIS 152136, 2014 WL 5485900
CourtDistrict Court, E.D. Texas
DecidedSeptember 10, 2014
DocketCASE NO. 6:13-CV-639
StatusPublished
Cited by3 cases

This text of 67 F. Supp. 3d 769 (Acqis LLC v. EMC Corp.) is published on Counsel Stack Legal Research, covering District Court, E.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acqis LLC v. EMC Corp., 67 F. Supp. 3d 769, 2014 U.S. Dist. LEXIS 152136, 2014 WL 5485900 (E.D. Tex. 2014).

Opinion

ORDER

LEONARD DAVIS, UNITED STATES DISTRICT JUDGE

Before the Court is EMC Corporation’s (“EMC”) Motion to Transfer Venue to the District of Massachusetts (Docket No. 21). For the following reasons, the Motion is CONDITIONALLY GRANTED. The Court will retain jurisdiction over EMC through the claim construction process. This transfer will become effective the day the Court issues its claim construction opinion.

BACKGROUND

ACQIS LLC (“ACQIS”) alleges EMC infringes U.S. Patent Nos. 7,363,416 (“the '416 Patent”); 7,676,624 (“the '624 Patent”); 7,818,487 (“the '487 Patent”); 8,041,-873 (“the '873 Patent”); RE41,294 (“the '294 Patent”); RE42814 (“the '814 Patent”); RE43,171 (“the '171 Patent”); RE44,468 (“the '468 Patent”); RE42,984 (“the '984 Patent”); RE43,119 (“the '119 Patent”); and RE41.961 (“the '961 Patent”) (collectively, “the patents-in-suit”). EMC filed the instant motion to transfer venue from the Eastern District of Texas to the District of Massachusetts. ACQIS is a Texas corporation with offices in McKinney, Texas, but it also has related operations in Mountain View, California, where ACQIS’s president resides. Docket No. 32 at 1. EMC is a Massachusetts corporation, with its principal place of business in Hopkinton, Massachusetts. Id.

APPLICABLE LAW

“For the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.” 28 U.S.C. § 1404(a). The first inquiry when analyzing a case’s eligibility for 1404(a) transfer is “whether the judicial district to which transfer is sought would have been a district in which the claim could have been filed.” In re Volkswagen AG, 371 F.3d 201, 203 (5th Cir.2004) (“In re Volkswagen I”).

Once that threshold is met, courts analyze both public and private factors relating to the convenience of parties and witnesses as well as the interests of particular venues in hearing the case. See In re Nintendo Co., 589 F.3d 1194, 1198 (Fed. Cir.2009); Humble Oil & Ref. Co. v. Bell Marine Serv., Inc., 321 F.2d 53, 56 (5th Cir.1963). The private factors are: (1) the relative ease of access to sources of proof; (2) the availability of compulsory process to secure the attendance of witnesses; (3) the cost of attendance ’for willing witnesses; and (4) all other practical problems that make trial of a case easy, expeditious, ■ and inexpensive. In re Nintendo, 589 F.3d at 1198; In re Volkswagen I, 371 F.3d at 203. The public factors are: (1) the administrative difficulties flowing from court congestion; (2) the local interest in having localized interests decided at home; (3) the familiarity of the forum with the law that will govern the case; and (4) the avoidance of unnecessary problems of conflict of laws or in the application of foreign law. In re Nintendo, 589 F.3d at 1198; In re Volkswagen I, 371 F.3d at 203.

The plaintiffs choice of venue is not a factor in this analysis. In re Volkswagen of Am., Inc., 545 F.3d 304, 314-15 (5th Cir.2008) (“In re Volkswagen II”). [775]*775Rather, the plaintiffs choice of venue contributes to the defendant’s burden in proving that the transferee venue is “clearly more convenient” than the transferor venue. In re Nintendo, 589 F.3d at 1200; In re Volkswagen II, 545 F.3d at 315. Furthermore, though the private and public factors apply to most transfer cases, “they are not necessarily exhaustive or exclusive,” and no single factor is dispositive. In re Volkswagen II, 545 F.3d at 315.

ANALYSIS

EMC moves to transfer this case to the District of Massachusetts pursuant to 28 U.S.C. § 1404(a).

A. Threshold-Eligibility for Transfer

EMC argues that because its principal place of business is in the District of Massachusetts, venue is proper there. Docket No. 21 at 6. ACQIS does not dispute venue would be proper in the District of Massachusetts. Therefore, the threshold determination is satisfied.

B. Private Factors

1. Relative Ease of Access to Sources of Proof

Despite technological ‘ advances that certainly lighten the relative inconvenience of transporting large amounts of documents across the country, this factor is still a part of the transfer analysis. In re Volkswagen II, 545 F.3d at 316. Courts analyze this factor in light of the distance that documents, or other evidence, must be transported from their existing location to the trial venue. See id. This factor will turn upon which party will most probably have the greater volume of documents relevant to the litigation and their presumed location in relation to the transferee and transferor venues. See, e.g., In re Nintendo, 589 F.3d at 1199; In re Genentech, Inc., 566 F.3d 1338, 1345 (Fed.Cir.2009); In re Volkswagen II, 545 F.3d at 314-15. However, documents that have been moved to a particular venue in anticipation of litigation should not be considered. In re Hoffmann-La Roche Inc., 587 F.3d 1333, 1336-37 (Fed.Cir.2009). Presumably, the bulk of the discovery material relating to a corporate party is located at the corporate headquarters. See In re Acer Am. Corp., 626 F.3d 1252, 1256 (Fed.Cir.2010).

EMC argues this factor favors transfer because most of its evidence is in the District of Massachusetts. Specifically, EMC asserts that documents detailing the design, development, testing, sales, and marketing of accused products are primarily located in Massachusetts. Docket No. 21 at 8-9. While EMC admits some of its evidence is located in Seattle, it contends this evidence will need to be transported to either venue; therefore it should not “counsel against transfer.” Id. at 9. In response, ACQIS argues this factor is neutral because evidence is scattered across the country, since its own documents are in Northern California, and EMC’s evidence is in Washington and Massachusetts. Docket No. 25 at 9.

In this case, ACQIS admits its documents are not located in this district. Additionally, as the accused infringer, EMC is likely to possess a larger volume of documents relevant to this litigation. See In re Genentech, 566 F.3d at 1345. See, e.g., In re Nintendo Co., 589 F.3d 1194, 1199 (Fed.Cir.2009) (“[I]n patent infringement cases, the bulk of the relevant evidence usually comes from the accused in-fringer.”). Here, EMC has evidence in Massachusetts.

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67 F. Supp. 3d 769, 2014 U.S. Dist. LEXIS 152136, 2014 WL 5485900, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acqis-llc-v-emc-corp-txed-2014.