Husqvarna AB, et al. v. The Toro Company, C.A. No. 15-856 – SLR-SRF, August 11, 2016.
Fallon, M. J. Report and recommendation recommending that defendant’s motion to transfer be denied.
Defendant seeks to transfer to Minnesota. The patentee is a Swedish company and its U.S. subsidiary is a Delaware corporation with its principal place of business located in North Carolina. Defendant is a Delaware corporation with its principal place of business in Minnesota. The disputed technology relates to all wheel drive lawnmowers. Plaintiff’s choice of Delaware is a legitimate forum and weighs against transfer. Defendant’s choice of an alternate forum while a Delaware corporation weighs only slightly in favor of transfer. The fact that the accused products are sold in Delaware weighs against transfer. The convenience of the parties weighs against transfer. The convenience of the witnesses weighs slightly in favor of transfer. The location of books and records factor is neutral. Practical considerations weigh against transfer, and the other public factors are neutral. The court recommends denying the motion to transfer.