New Archery Prods. Corp. v. Out RAGE, LLC, No. 11 C 7695, Slip Op. (N.D. Ill. Feb. 6, 2012) (Lindberg, J.).
Judge Lindberg granted defendant Out RAGE’s motion to transfer this case to the Western District of Wisconsin, and did not rule upon Out RAGE’s motion to dismiss, leaving it for the transferee court. While the various witness convenience considerations were neutral, Out RAGE’s earlier-filed Western District of Wisconsin patent litigation, in which plaintiff New Archery filed its instant claims as counterclaim, weighed in favor of transfer. The two cases were parallel and overlapping. A decision in one case would decide the other. And the only way to consolidate the two cases. As a result, the Court transferred the case to Wisconsin.