Bretford Mfg., Inc. v. Mass Engineered Design, Inc., No. 08 C 486, Slip Op. (N.D. Ill. May 13, 2008) (Moran, Sen. J.).
Judge Moran denied declaratory judgment ("DJ") of defendants’ (collectively "Mass Engineered") motion to dismiss DJ plaintiff Bretford Manufacturing’s ("Bretford") complaint and granted Mass Engineered’s motion to transfer. Mass Engineered filed a patent infringement suit against three of Bretford’s customers in the Eastern District of Texas in 2006. That case was six months from trial as of the Court’s opinion.
The Court denied Mass Engineered’s argument that the case should be dismissed because it was not the first filed case. But the Court transferred the case to the E.D. Texas. The Court noted its belief that related patent litigation should be resolved in one jurisdiction. Additionally, Bretford had played a role in the E.D. Texas litigation, at least as a third party defendant. And the E.D. Texas Court granted Mass Engineered’s motion to amend its complaint adding infringement allegations against Bretford.