Commercial Litigation and Arbitration

§ 1404(a) Transfer of Venue — Location of Physical Evidence Remains a Relevant Consideration Even in the Age of Electronic Discovery

From Novartis Vaccines and Diagnostics, Inc. v. Bayer Healthcare LLC, 2009 U.S. Dist. LEXIS 89117 (E.D. Tex. Sept. 28, 2009):

That access to some sources of proof presents a lesser inconvenience now than it might have absent recent developments does not render this factor superfluous." [Volkswagen of America, Inc., 545 F.3d 304, 316 (5th Cir. 2008) (en banc).] Even in the age of electronic discovery, considerations of physical evidence remain meaningful in a § 1404(a) analysis. See id. "In patent infringement cases, the bulk of the relevant evidence usually comes from the accused infringer. Consequently, the place where the defendant's documents are kept weighs in favor of transfer to that location." Neil Bros. Ltd. v. World Wide Lines, Inc., 425 F.Supp.2d 325, 330 (E.D.N.Y 2006).

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