Cloud Storage Company Grounded In D. Mass.

A patent defendant specializing in "virtual" database systems recently learned how real its burden is when seeking to transfer out of the District of Massachusetts. Delphix Corp. ("Delphix") and Actifio, Inc. ("Actifio") have been clashing over "virtual" database patents in the Northern District of California since October 2013. In August 2014, however, Actifio filed suit in the District of Massachusetts, asserting two more such patents against Delphix, which promptly sought to remove and consolidate this action with the California cases.
Delphix argued that the Court should dismiss the case because it was the first to file in California, noting that the claims before the Court "involve the same parties, products, and technology." Alternatively, Delphix argued that the Court should transfer the District of Massachusetts action "[f]or the convenience of parties and witnesses, and in the interest of justice." Judge Casper didn't buy it.