quinn emanuel
quinn emanuel urquhart & sullivan, llp | business litigation report
INSIDE
Making Sense of Fraudulent
Transfers, Intangible Benets,
and Lender Liability After
TOUSA II
Page 4
Litigation Updates
Arbitration
Page 6
Class Action Litigation
Page 6
White Collar Litigation
Page 7
Technology Licensing Trial
Victory in Delaware and
Other Victories
Page 10
Attorney Advertising
June 2011
Transfers from the So-Called “Rocket Docket” May Reach Escape Velocity
los angeles | new york | san francisco | silicon valley | chicago | tokyo | london | mannheim
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John Quinn Recognized as one of
The
National Law Journal
’s
“Most Inuential Lawyers”
Firm Managing Partner John Quinn
was recently ranked by e National
Law Journal as one the “Most Inuential
Lawyers” in the United States. e
National Law Journal weighed
nominations and conducted research
before selecting over 30 attorneys who
have shaped the law and legal community.
e NLJ recognized John for forging the
rm into the “litigation powerhouse” it is
today — a 450+ attorney rm, the largest
in the world devoted solely to business
litigation.
Q
Patent infringement suits against national corporations
can be brought in virtually any district court in the
United States. See Elizabeth P. Oen-Brown, Forum
Shopping and Venue Transfer in Patent Cases: Marshall’s
Response to TS Tech and Genetech, 25 B T.
L.J. 61, 66 (2010). e past decade saw a dramatic surge
in the increase of patent infringement suits led in the
Eastern District of Texas. See id. at 70; Julie Creswell,
So Small a Town, So Many Patent Suits, N.Y. T
(Sept. 24, 2006). e Eastern District’s popularity is
generally attributed to plainti-friendly juries, large
jury awards in patent infringement cases, and relatively
short times to trial. Even though most cases led in
the Eastern District have little or no connection to
that forum, defendants have typically had little success
in transferring cases elsewhere. However, the Eastern
District may be losing its status as a “rocket docket”
known for speedy trials and judges hesitant to grant
venue transfer motions. Over the past two years, the
Federal Circuit has increasingly scrutinized denials of
motions to transfer venue, making the Eastern District
less attractive to forum-shopping plaintis. Also, time
to trial has increased to over two years.
Motions to transfer venue in patent cases, like all
federal civil cases, are governed by 28 U.S.C. § 1404(a),
which permits transfer “[f]or the convenience of the
parties and witnesses.” In the Fifth Circuit, a party
seeking transfer must establish that the proposed venue
is “clearly more convenient” than the plainti’s chosen
venue. In re Volkswagen of America, Inc., 545 F.3d 304,
315 (5th Cir. 2008) (“Volkswagen II”) (en banc). e
transfer analysis requires courts to consider a number
of “public” and “private” interest factors, including,
among others: (1) the relative ease of access to sources
of proof; (2) the availability of compulsory process; (3)
the cost of attendance for witnesses; and (4) the local
interest in having localized interests decided at home.
Id.
Putting the Brakes on Forum Shopping
e Federal Circuit’s crackdown on forum-shopping
began with In re TS Tech USA Corp., 551 F.3d
1315 (Fed. Cir. 2008). e plainti, a Michigan-
based corporation, led a patent infringement suit
in the Eastern District of Texas against TS Tech, an
Ohio corporation, and related defendants. TS Tech
moved to transfer the case to the Southern District
of Ohio, asserting that it was a far more convenient
Martin Davies Joins London Ofce
see page 4
Charlie Verhoeven Named Favorite IP Lawyer by Corporate
Counsel
Quinn Emanuel partner Charlie
Verhoeven was identied as a “Client
Service All Star” in a recent survey by BTI
Consulting. To compile the report, BTI
interviewed over 300 corporate counsel
from large and Fortune 1000 companies
asking which outside lawyers continually
provide exceptional client service. Charlie
was one of just 19 attorneys on the list
who specialize in IP matters.
Q
