In a thorough opinion issued on December 10, 2012 (available here), Judge Kinkeade found that a forum selection clause governed the parties’ patent infringement dispute, and ordered that the case be transferred to the Northern District of California:
In Count I, Terraspan claims that Rave is infringing on certain patents now owned by Terraspan. One of Rave’s defenses is that the license to utilize Rave Technology in the Rave Operating Agreements gives Rave a right to utilize the patents at issue in this case. Because one of Rave’s defenses is enforcement of a provision in the parties’ agreements, Terraspan’s patent infringement claim involves a right or remedy under the contract. Terraspan’s allegations in the patent infringement claim have a direct or indirect connection, link or association with the Rave Operating Agreements. The forum selection clause is applicable to Terraspan’s patent infringement claims.