Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

Weekly Digest
E.D. Tex.

Free Stream Media Corp. v. alphonso Inc., No. 2:15-cv-01725 (E.D. Tex. Mar. 29, 2017)

Granted
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:15-cv-01725, Dkt. No. 127
Decided
March 29, 2017
Judge
Robert W. Schroeder, III, J. — Texarkana
Document
Order
Docket Entry
MEMORANDUM AND ORDER Granting 53 MOTION to Change Venue filed by Alphonso Inc. and all deadlines are STAYED until the case is received and reassigned by the clerk of the Northern District of California and until further order of this court
Length
2 pages

IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF TEXAS

MARSHALL DIVISION

FREE STREAM MEDIA CORP. d/b/a § SAMBA TV, §

§

Plaintiff, § § vs. § CIVIL ACTION NO. 2:15-CV-1725

§ ALPHONSO INC., §

§

Defendant. §

§

FREE STREAM MEDIA CORP. d/b/a § SAMBA TV, §

§

Plaintiff, § § vs. § CIVIL ACTION NO. 2:16-CV-704

§ ALPHONSO INC., §

§

Defendant. §

§

MEMORANDUM AND ORDER

Before the Court is Defendant Alphonso Inc.’s (“Alphonso”) Motion to Transfer Venue to the United States District Court for the Northern District of California (Docket No. 53 in Case No. 2:16-cv-1725). The Court held a hearing on Alphonso’s motion on March 13, 2017.1 After careful consideration of the parties’ arguments and written submissions, the Court GRANTS the motion.

Upon consideration of each of the applicable public and private factors related to a transfer pursuant to 28 U.S.C. § 1404(a), the Court finds that, under the specific circumstances of this case,

2.

a majority of these factors weigh in favor of transfer. The parties’ ties to the Northern District of California outweigh the ties that the parties have to this district. Consequently, the Northern District of California is a clearly more convenient venue than this District. Accordingly, the Court ORDERS that these cases be transferred to the Northern District of California. Given the approaching deadlines under this Court’s current docket control order, all deadlines are STAYED until the case is received and reassigned by the clerk of the Northern District of California and until further order of that Court.

So ORDERED and SIGNED this 29th day of March, 2017.

ROBERT W. SCHROEDER III

UNITED STATES DISTRICT JUDGE

Footnotes

  1. 1 Shortly after Alphonso’s motion was filed, Plaintiff filed a separate lawsuit against Alphonso (Case No. 2:16-cv-704). The parties then jointly moved to consolidate the cases, and the Court granted that motion. See Docket No. 62 in Case No. 2:16-cv-1725. Though Alphonso has not moved to transfer Case No. 2:16-cv-704, the parties agreed at the March 13, 2017 hearing that the Court’s ruling on the instant motion should apply to that case as well.

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Cite this opinion

Free Stream Media Corp. v. alphonso Inc., No. 2:15-cv-01725 (E.D. Tex. Mar. 29, 2017).

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