Judge Robinson Denies Motion to Reconsider Denial of Transfer
August 18, 2016
Publication| Intellectual Property
In Scientific Telecommunications LLC v. ADTRAN, Inc., C.A. No. 15-647-SLR (D. Del. July 25, 2016), Judge Robinson denied defendant ADTRAN, Inc.’s (“ADTRAN”) motion to reconsider the denial of its motion to transfer venue or to certify the order denying transfer for interlocutory appeal.
ADTRAN asked the Court to reevaluate its decision in light of In re Link_A_Media Devices Corp., 662 F.3d 1221 (Fed. Cir. 2011). Specifically, ADTRAN argued that, as in Link_A_Media, the Court had placed too much emphasis on the plaintiff’s choice of forum and the defendant’s state of incorporation. Judge Robinson distinguished Link_A_Media from the case at hand: in Link_A_Media, both parties had headquarters elsewhere, whereas here, the plaintiff’s principal place of business is located in Delaware, where both parties are incorporated. And unlike in Link_A_Media, the defendant here is a global company with 2000 employees; according to Judge Robinson, ADTRAN’s convenience was thus not a compelling factor supporting transfer. Noting that certification of an interlocutory appeal should be granted only in exceptional circumstances, Judge Robinson denied ADTRAN’s request for certification of an interlocutory appeal for largely the same reasons.
Key Points: Defendants incorporated in Delaware should continue to expect that obtaining a transfer can be difficult, even under In re Link_A_Media Devices Corp.