Multiwave Sensors, Inc. v. Sunsight Holdings, LLC et al
Multiwave Sensors, Inc. |
Sunsight Holdings, LLC, Sunsight Industries, LLC and Sunsight Instruments, LLC |
1:2016cv01361 |
February 22, 2016 |
US District Court for the Southern District of New York |
Foley Square Office |
XX Out of State |
Gregory H. Woods |
Patent |
35 U.S.C. ยง 271 |
Plaintiff |
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Filing 64 MEMORANDUM OPINION AND ORDER re: 44 MOTION to Dismiss or Alternatively to Transfer to the Middle District of Florida. filed by Sunsight Instruments, LLC, Sunsight Industries, LLC, Sunsight Holdings, LLC: Thus, on balance, the fact ors considered here weigh strongly in favor of transfer. Crucially, the facts that will determine whether Sunsight's AAT device did, in fact, infringe on the '779 patent are located in Florida. The relevant witnesses are in Florida and the documents concerning the design and manufacturing of the AAT device are in Florida. Plaintiff's choice to litigate in this forum is-by Plaintiff's own admission-based on the location of counsel. This is not a basis upon which the Court can disregard the clear and convincing evidence Defendants have presented to justify a transfer of this litigation to another district court. Defendants' motion to transfer venue is GRANTED, and this case is hereby transferred to the Middle District of Florida. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 44 and 56, and to transfer the case to the U.S. District Court for the Middle District of Florida forthwith. (Signed by Judge Gregory H. Woods on 4/26/2017) (jwh) Modified on 4/26/2017 (jwh). |
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