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Contacts in New York Trumps Plaintiff’s Choice of Forum

By R. David Donoghue on May 21, 2012

SMP Logic Sys., LLC v. Jerome Stevens Pharms., Inc., No. 11 C 5075, Slip Op. (N.D. Ill. Jan. 26, 2012) (Der-Yeghiayan, J.).

Judge Der-Yeghiayan transferred this patent case involving pharmaceutical methods to the Eastern District of New York, for the following reasons:

  • While the Court gave plaintiff SMP’s choice of forum deference, less is given when, as here, plaintiff’s counsel were the only link to Chicago.
  • Defendant’s headquarters, its manufacturing facilities and its distributor were all located in or near the Eastern District of New York.
  • The interests of justice were served by transfer because New York had closer ties to the case.
  • Posted in:
    Intellectual Property
  • Blog:
    Chicago IP Litigation
  • Organization:
    R. David Donoghue
  • Article: View Original Source

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