By Memorandum Order entered by The Honorable Leonard P. Stark in Nalco Co. v. AP Tech Group Inc., Civil Action No. 13-1063-LPS (D.Del., August 8, 2014), the Court granted Defendant AP Tech Group, Inc.'s motion to transfer the patent infringement case from the District of Delaware to the Southern District of Ohio pursuant to 28 U.S.C. § 1404(a). In granting the motion to transfer, the Court found that defendant's choice of forum, the relative convenience of the parties, the fact that plaintiff's claims arise from products developed, marketed, and sold in the Southern District, and the fact that all of defendant's books and records are kept in the Southern District all weighed in favor of transfer. Id. at 1-3. The Court also noted that plaintiff's choice of forum was given less deference under the circumstances because Delaware is not plaintiff's "home turf." Id.
For all of these reasons, the Court concluded that Defendant met its heavy burden of demonstrating that the case should be transferred to the Southern District of Ohio. Id. at 3. A copy of the Memorandum Order is attached.
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