In re Volkswagen of Am.
545 F.3d 304 (5th Cir. 2008) Cited 1,619 times 14 Legal AnalysesHolding this prong to be satisfied when "the harm . . . will already have been done by the time the case is tried and appealed, and the prejudice suffered cannot be put back in the bottle"
In re Genentech, Inc.
566 F.3d 1338 (Fed. Cir. 2009) Cited 807 times 11 Legal AnalysesHolding that relevant evidence in patent cases often comes from the accused infringer and may weigh in favor of transfer to that location
In re TS Tech USA Corp.
551 F.3d 1315 (Fed. Cir. 2009) Cited 607 times 7 Legal AnalysesHolding that the district court's refusal to considerably weigh this factor in favor of transfer was erroneous when the witnesses would need to travel approximately 900 more miles to attend trial in Texas than in Ohio
In re Hoffmann-La Roche
587 F.3d 1333 (Fed. Cir. 2009) Cited 326 times 3 Legal AnalysesHolding local interest factor favored transfer where allegedly infringing product was developed in transferee district
In re Nintendo Co.
589 F.3d 1194 (Fed. Cir. 2009) Cited 275 times 1 Legal AnalysesHolding that "in a case featuring most witnesses and evidence closer to the transferee venue with few or no convenience factors favoring the venue chosen by the plaintiff, the trial court should grant a motion to transfer"
Neil Bros. Ltd. v. World Wide Lines, Inc.
425 F. Supp. 2d 325 (E.D.N.Y. 2006) Cited 179 times 2 Legal AnalysesHolding that the convenience of witnesses favored transfer from New York to Tennessee, where transfer would relieve certain witnesses from any travel, and other witnesses would have to travel whether litigation occurred in New York or Tennessee
In re Microsoft Corp.
630 F.3d 1361 (Fed. Cir. 2011) Cited 123 times 1 Legal AnalysesHolding that a transfer was appropriate where the plaintiff incorporated in the chosen forum sixteen days before filing suit
In re EMC Corp.
501 F. App'x 973 (Fed. Cir. 2013) Cited 87 times 1 Legal AnalysesConcluding that a district court may "consider the benefits to judicial economy arising from having the same judge handle both [Plaintiff's] suits against the [Defendant] and [Plaintiff's] suits against other parties involving the same patents and technology as to which there was no issue of transfer."
In re Zimmer Holdings
609 F.3d 1378 (Fed. Cir. 2010) Cited 72 times 3 Legal AnalysesFinding that transfer of documents to a Texas office space was "recent, ephemeral, and an artifact of litigation," and therefore "entitled to no weight in the court's venue analysis"
In re Toyota Motor Corp.
747 F.3d 1338 (Fed. Cir. 2014) Cited 43 times 2 Legal AnalysesGranting mandamus, explaining that while an analysis of the factors in that case "may not show that the transferee forum is far more convenient," such a showing was not required to compel transfer, because "[w]ith nothing on the transferor-forum side of the ledger, the analysis shows that the transferee forum is 'clearly more convenient'"
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 28,851 times 189 Legal AnalysesGranting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR
Section 1391 - Venue generally
28 U.S.C. § 1391 Cited 28,500 times 199 Legal AnalysesFinding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
Section 1400 - Patents and copyrights, mask works, and designs
28 U.S.C. § 1400 Cited 2,188 times 321 Legal AnalysesIdentifying proper venue for copyright and patent suits