In re Nintendo of America, Inc.
The U.S. Court of Appeals for the Federal Circuit vacated a
denial of a motion to sever and transfer, directing the district
court to grant petitioner's motion because the transferee forum
was more convenient than the transferor forum. In re Nintendo
of America, Inc., Case No. 2014-132 (Fed. Cir., June 25, 2014)
(Newman, J.).
Non-practicing entity Secure Axcess sued Nintendo and 11
retailers for patent infringement in the U.S. District Court for
the Eastern District of Texas. Nintendo moved to sever the claims
against it and transfer those claim to the U.S. District Court for
the District of Washington where it is based and where most of the
relevant documents and witnesses are located. Each of the 11
retailers stipulated that they would be bound by any judgment
rendered by the transferee court. The Texas court denied the motion
to sever, noting that the plaintiff could obtain a higher royalty
against the retailers in light of
