Change of Venue Requests

In considering whether to grant a change of venue request in an intellectual property case, Courts may take several factors into account, including, but not limited to:

1. Convenience and cost to the parties and witnesses
   It can be inconvenient and expensive for witnesses to travel to court proceedings in a new location. Inconveniencing witnesses will weigh against an IP change of venue request.
   
   
2. Availability and Location of evidence
   Even in the age of electronic devices, the burden of transporting physical evidence is considered in determining proper venue for an patent case. This burden can include the cost and expense of transferring large amounts of written documentation into electronic form for transport to the new venue.
   
   
3. The Compulsory nature of the witness process
   Federal Rule of Civic Procedure 45(b)(2) allows a federal district court to subpoena a reluctant witness. But that power does not apply to nonparty witnesses who work or reside more than 100 miles from the courtroom. If a reluctant, but crucial, witness in a patent lawsuit does not meet that criteria, the Court might use that as a factor in ruling against venue change.
   
   
4. Possibility of delay and prejudice
   If a change in venue would either delay the proceedings, or cause undue prejudice toward the nonmoving party, the court may consider that factor in denying a change of venue request.
   
   
5. Administrative Difficulties caused by court congestion
   If one court is clearly less congested than another, the Court could conclude that the interest of a speedy patent trial resolution is best served by changing venues.
   
   
6. Local Interest in adjudicating local disputes locally
   In some cases, the local area may have an interest in the outcome of a patent infringement trial, such as when a patent infringement case involves a major employer in the community. In such a case, making sure the decision is made “close to home” could be a deciding factor in a change of venue request.
   
   
7. Judicial Economy
   If the court has gained a particular expertise about a specific type of technology or patent while adjudicating a prior lawsuit, the court could rule that a change in venue would go against “judicial economy.” In other words, a different court might not be able to rule as efficiently because it would first have to develop expertise in the technology in question.

About Our Firm

Protecting your intellectual property rights is a complex business. If you suspect that your product might have been infringed, it may be advisable to rely on the expertise of an experienced IP rights lawyer to protect your rights. The Intellectual Property team at the Law Offices of James Scott Farrin is headed by Attorney Tara J. Williams, a patent attorney with more than 20 years of legal experience. The firm also has a unique contingency based Intellectual Property Department for certain infringement matters. The department’s goal is to assist small-business owners, artists and inventors to protect their creative endeavors when they may not otherwise have the resources necessary to do so. Call 1-866-760-4047, for a free, confidential review of your potential claim – or simply complete the contact form on the side of this page.