The plaintiffs, Chrimar Systems, Inc. and Chrimar Holding Company, LLC (“Chrimar”), filed a motion to reconsider the district court’s order granting Ruckus Wireless, Inc.’s (“Ruckus”) motion to transfer venue to the Northern District of California. In the motion to reconsider, Chrimar requested that the district court modify its transfer order to order transfer effective upon the entry of the district court’s claim construction order.
Ruckus objected to this proposal, asserting that a delay in transfer would prejudice Ruckus by bifurcating and delaying the case. Ruckus also asserted such a delay could ultimately result in a transfer during the middle of fact or expert discovery.
The district court agreed with Ruckus and found there would be no benefit in delaying the transfer of the case. “The Court sees no benefit to delaying the transfer of this case until after the Court’s claim construction order issues.”
In addition, the district court concluded that “delaying transfer until the entry of the claim construction opinion could very well present more complications for the California court to initiate and transition this matter. The California court is of course free to consider this Court’s claim construction opinion in the manner it deems fit.”
As a result, the district court denied the motion to reconsider.
Chrimar Systems, Inc. v. Ruckus Wireless, Inc., Case No. 6:15-cv-638 JRG-JDL (E.D. Tex. Dec. 2015)
The authors of www.PatentLawyerBlog.com are patent trial lawyers at Jeffer Mangels Butler & Mitchell LLP. For more information about this case, contact Stan Gibson at 310.201.3548 or SGibson@jmbm.com.