Hologic, Inc., et al. v. Minerva Surgical, Inc., C.A. No. 15-1031 - SLR, February 29, 2016
Robinson, J. Defendant’s motion to transfer is denied. Defendant’s motion to strike plaintiff’s motion for a preliminary injunction is denied.
Defendant seeks to transfer this action to the Northern District of California where it has its headquarters and sole place of business. Defendant claims that because it is a start-up company with only one product and no sales yet in Delaware, the balance of hardship weighs in favor of transfer. The court reasons that a company having accepted the benefits of incorporation in Delaware should not be successful in arguing that this forum is inconvenient. While litigating in Delaware may be more expensive due to retaining Delaware counsel and travel, the court declines to elevate the convenience of one party over the other. Defendant claims that when the complaint was filed, the patents-in-suit were owned by plaintiff’s subsidiary. Plaintiff alleges that it has complete control over its subsidiary’s patent licensing and enforcement policies and has had control over the patents-in-suit. It therefore has equitable standing to pursue injunctive relief.
