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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

False Marking Plaintiff’s Chosen Form Not Given Deference

Posted in Jurisdiction

Heathcote Holdings Corp., Inc. v. Leapfrog Enters., Inc., No. 10 C 1471, Slip Op. (N.D. Ill. Dec. 27, 2010) (Coar, J.).

Judge Coar transferred plaintiff Heathcote’s false patent marking case to the Northern District of California. Because Heathcote was a relator standing in the shoes of the federal government, Heathcote’s chosen forum was given little deference. All of defendant’s witnesses — party and non-party alike — were located in California. Additionally, the relevant evidence was located in defendant’s California offices. And Heathcote was unlikely to have much relevant evidence. The Court, therefore, transferred the case.