Quest Integrity USA, LLC v. Clean Harbors Industrial Services, Inc., et al., C.A. Nos. 14-1482 – SLR; Quest Integrity USA, LLC v. Cokebusters USA Inc., C.A. No. 14-1483 – SLR, July 8, 2015

Robinson, J. Defendants’ motion to transfer venue to the Southern District of Texas is denied.

Plaintiff is a Texas LLC with its principal place of business in Seattle. Defendants are Delaware corporations with their businesses located in Massachusetts and Texas.  Plaintiff does not argue that venue would be improper in Texas.  The court rejects the argument that the best measure of infringing activity is where the customers and jobs are located, noting that defendants admit to engaging in infringing activity in Delaware.  Although Texas may be a more convenient forum for some witnesses, there is no record that a witness would be unwilling to travel to Delaware.  Defendants fail to show how the location of books and records will negatively impact the trial.  While trial may be less expensive for defendants and not burdensome for plaintiff, the factor is not afforded significant weight since less than 10% of cases are resolved through trial.  The local interest factor is not a dispositive factor since in most cases patent litigation is not a local controversy.  The remaining Jumara factors are mostly neutral or largely irrelevant to patent cases.