IN RE HOFFMANN-LA ROCHE INC., ROCHE LABORATORIES INC., ROCHE COLORADO CORP., and TRIMERIS, INC., Petitioners., 587 F.3d 1333

Summary

There was a stark contrast in relevance, convenience, and fairness between the two venues. The accused drug was developed and tested within the Eastern District of North Carolina and documents and sources of proof remained there. Moreover, the Eastern District of North Carolina's local interest in the case remained strong because the cause of action called into question the work and reputation of individuals residing in or near that district and who presumably conducted business in that community. There were at least four non-party witnesses residing within 100 miles of the Eastern District of North Carolina, all of whom could be compelled for both deposition and trial testimony if the case were transferred to the district. There appeared to be no connection between the case and the Eastern District of Texas except that in anticipation of litigation, the patent holder’s counsel in California converted into electronic format 75,000 pages of documents and transferred them to the offices ...