Magistrate Judge Horan Grants Transfer Request In Strukmyer Case

On January 6, 2014, Magistrate Judge Horan issued an Order (available here) that granted Defendants’ motion to transfer venue. In August 2013, Defendants had sued Strukmyer for, among other things, patent infringement. That case was brought in Nevada. One week later, Strukmyer filed the instant suit. Defendants then sought transfer pursuant to the first-to-file rule. Judge Horan ultimately found that the instant case and the earlier-filed Nevada case overlap on the substantive issues, and that the “anticipatory” declaratory judgment exception did not apply. Accordingly, the transfer request was granted.