Thursday, November 4, 2010

Case Transferred to South Carolina

In a case involving allegations of infringement of U.S. Patent No. 6,886,836 for a "Miter Saw Utility Vehicle," Judge Pechman recently granted Defendant Techtronic Industries, Co. Ltd.'s motion to transfer venue under 28 U.S.C. Section 1404 to the District of South Carolina.

The Court's reasons for transfer were simply that "Plaintiffs have minimal contact with this forum and TTi [the Defendant] has met its burden in showing convenience to the witnesses upon transfer to the District Court of South Carolina."

The case is Wise v. Techtronic Indus. Co., Ltd., C10-471-MJP, and it was filed by plaintiffs Robert Wise and RnD Ventures, Inc. According to the Defendant's motion to transfer, "neither this action nor any party has a direct connection to the Western District of Washington. For instance, TTi is a foreign corporation with its headquaters abroad, and the hub of TTi's activities related to the Accused Product take place not in Washington, but in South Carolina." Furthermore, according to the Defendant, "South Carolina . . . is the location of documents and other physical proof relevant to this case, as well as the home of a majority of potential witnesses, inclduing at least two non-party witnesses." The contract at issue in the case also called for the application fo South Carolina law.

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