Senior Judge Robinson Denies Motion to Transfer

May 3, 2017

Publication| Intellectual Property

In Godo Kaisha IP Bridge 1 v. OmniVision Technologies, Inc., C.A. No. 16-290-SLR (D. Del. Mar. 29, 2017), Senior Judge Robinson denied OmniVision Technologies, Inc.’s (“OmniVision”) motion to transfer the case from the District of Delaware to the Northern District of California, where OmniVision is headquartered.

According to Judge Robinson, and viewing the Third Circuit’s Jumara transfer factors “through a contemporary lens,” the factors addressing the location of books, records, and witnesses, as well as the administrative difficulties from court congestion, are neutral, owing to the prevalence of electronic discovery, the practice of witnesses being deposed where convenient regardless of venue, and the court’s ability to expedite a case if needed. The Court found that OmniVision, as an international business (according to the decision, it outsources at least some manufacturing to companies located in Asia) and a Delaware entity, would not face an undue burden to litigate in the District of Delaware. Therefore, Judge Robinson concluded that a transfer to the Northern District of California would not serve the interests of justice, and denied OmniVision’s motion to transfer.

Key Points: Senior Judge Robinson stated that motions to transfer in her cases will be “generally denied” if the movant does business nationwide and is a Delaware entity.

  • sign up for our newsletter

    To keep our clients and friends updated on the latest legal news, Richards Layton distributes practice area e-alerts and newsletters. If you are interested in receiving these publications, please subscribe below.