Endeavor Meshtech, Inc. v. Aclara Technologies LLC, C.A. No. 13-1618- GMS, February 25, 2015.

Sleet, J.  Defendant’s motion to transfer to the Eastern District of Missouri is granted.

Plaintiff is a Delaware corporation with principal place of business in California at the time the complaint was filed.  Its current address is in New York. Defendant is an Ohio LLC with its principal place of business in Missouri.  Plaintiff conducts no business in Delaware, thus its choice of forum is entitled to heightened but not paramount consideration.  The fact that accused products are marketed from Misssouri weighs slightly in favor of transfer. The convenience of the parties Jumara factor weighs in favor of transfer since Missouri is more convenient than Delaware.  The convenience of the witnesses is neutral since no witnesses have been identified who are  available in one district versus the other.  The location of books and records factor weighs slightly in favor of transfer despite the easing of burden of shipping evidence due to modern technology. As for public interest factors, there were  four co-pending cases filed by plaintiff in Delaware. One has been transferred and another dismissed. Three more have been filed so that there are now five, including this matter.  Plaintiff’s argument about inconsistent judgments rings hollow since its predecessor filed lawsuits involving the same patent in four other districts.  This factor weighs minimally against transfer.Court congestion weighs slightly in favor of transfer, the median times to trial and overall disposition being shorter in Missouri.  The local interest factor is neutral since patent cases do not implicate local interests.