On December 20, 2012, Judge Lynn issued an opinion (available here) that denied British Telecom’s motion to transfer venue in a patent infringement case brought by Comcast.
One Comcast plaintiff is a corporation organized under Delaware law with its principal place of business in Pennsylvania. One BT defendant is a Delaware corporation with its headquarters in Irving, Texas. BT sought transfer to Delaware. Judge Lynn ultimately held that none of the transfer factors weighed in favor of transfer, and therefore denied the motion.
(Judge Lynn also deferred resolution of a pending motion to dismiss for lack of personal jurisdiction until Comcast has completed jurisdictional-related discovery.)
Comcast is represented by Brian Ferrall, Benedict Hur, Edward Bayley, Leo Lam, Nicholas Marais, and Ryan Wong, all of Keker & Van Nest LLP; and William Dawson and Ashley Johnson, both of Gibson Dunn & Crutcher LLP.
BT is represented by Douglas Cawley and Jennifer Henry, both of McKool Smith; and Daniel Boehnen, Grantland Drutchas, Marcus Thymian, and Michael Borella, all of McDonnell Boehnen Hulbert & Berghoff LLP.