Magistrate Judge Burke Grants Motion to Transfer Venue
August 30, 2017
Publication| Intellectual Property
In Contour IP Holding, LLC v. GoPro, Inc., C.A. No. 15-1108-LPS-CJB (D. Del. July 6, 2017), Magistrate Judge Burke granted the defendant’s motion to transfer venue to the Northern District of California, the location of its principal place of business. In analyzing the transfer factors, the Court first found that the plaintiff’s choice of forum was neutral. The complaint had stated that Delaware was selected as a forum due to its convenience for what was then the co-plaintiff, but the co-plaintiff was subsequently dismissed from the suit. Judge Burke found that none of the remaining factors weighed against transfer, and that the defendant’s choice of forum, situs of the claims, party convenience, witness convenience, and ease of access to proof favored transfer.
Chief Judge Stark overruled objections to the ruling, rejecting the arguments that the Court did not give sufficient consideration to the remaining plaintiff’s choice of forum and to the defendant’s incorporation in Delaware.
Key Point: The reason behind a party’s choice of forum may be a factor in deciding the most convenient forum.