CAFC Happenings

John Rogitz has conducted extensive domestic and foreign prosecution in the areas of computer hardware and software for high-tech institutions. He has also conducted extensive patent prosecution in the biomed field, including medical instrumentation, as well as in the fields of superconductors, magnetic resonance imaging, materials and consumer electronics. Mr. Rogitz can be reached at 619-338-8075.

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Venue in E.D. Texas: In re Nintendo Co., Ltd, misc. docket 914 mandates transfer away from E.D. Texas to W.D. Washington because no witnesses resided in Texas, the plaintiff was an Ohio LLC, the defendants were Japanese and Washington corporations and most of the relevant evidence was located there, four witnesses resided in Washington (and other witnesses were spread from Japan to Ohio and New York), meaning the E.D. Texas had little relevant local interest beyond some allegedly infringing products having found their way into the venue. The products had in fact been sold throughout the U.S. so that E.D. Texas had no more meaningful connection to the case than any other venue. Furthermore, "the convenience and cost of attendance for witnesses is an important factor in the transfer calculus" and the CAFC averaged the travel time for all the witnesses but those in Japan (whose inclusion in the average would have tilted even further to Washin...