Texas Hold ‘Em: Incorporation and plaintiffs’ choice of forum beats pending, related cases and witness convenience

The Court denied defendant’s motion to transfer venue to E.D. Texas and to consolidate. In 2005, Epicrealm filed three infringement actions in Texas against numerous defendants involving the same patents implicated in this Delaware action. Epicrealm, a patent holding company based in Richardson, Texas but incorporated in Delaware, argued that transferring these two Delaware actions to Texas would save time, money, and judicial resources. In addition, Epicrealm alleged that five nonparty, Texas resident witnesses would be unavailable to testify in Delaware. Oracle, a Delaware entity, is not a party to the Texas litigation. In denying the motion to transfer venue, the Court noted that �it is appropriate for Delaware courts to resolve this dispute between two of its corporate citizens.� Op. at 8. As to Epicrealm�s argument that witnesses could not be compelled to testify live, the Court noted that �much of the testimony presented at trial these days is presented via recorded depositions.”

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