Caldera Pharms. Inc. v. Los Alamos Nat’l Security, LLC, No. 10 C 6347, Slip Op. (N.D. Ill. Jan. 26, 2012) (Bucklo, J.).
Judge Bucklo granted in part defendant Los Alamos National Security’s motion to transfer this dispute involving a patent license agreement to the District of New Mexico. As an initial matter, the Court held that venue and personal jurisdiction were proper as to all claims and defendants in New Mexico. Specifically, New Mexico would have personal jurisdiction over UChicago Argonne because the harm of the alleged conspiracy occurred in New Mexico.
The convenience of the parties and witnesses favored New Mexico. Most defendants were New Mexico residents, only UChicago Argonne was an Illinois resident. Plaintiff Caldera was also a New Mexico entity. And because Illinois was not Caldera’s home jurisdiction, its choice of forum was given less deference. Finally, a significant number of witnesses were located in New Mexico. The Court, therefore, transferred the case to New Mexico.