NEW YORK - May 19, 2010 - On Friday, May 13, 2010, District of New Jersey Magistrate Judge Patty Shwartz granted a motion to transfer the litigation Service Reminder, LLC v. Volkswagen Group of America, Inc. to the U.S. District Court for the Eastern District of Michigan. The case involves patent infringement claims related to U.S. Patent No. 5917408, which is a patent on a device that notifies a driver to perform a vehicle maintenance task.
Defendant Volkswagen Group of America, Inc. filed the motion in order to move the case closer to the company's technical operations center, as well as relevant employees and non-party witnesses who would be subject to compulsory process in Michigan, but not in New Jersey. Plaintiff Service Reminder, LLC, a holding company for the patent at issue in the case, and a subsidiary of well-known non-practicing entity Acacia Patent Acquisition Corporation, opposed the motion to transfer the case to Michigan, which is one of the less favorable jurisdictions for patent holders litigating infringement issues. Judge Shwartz considered the private and public interest factors that must be considered pursuant to Third Circuit Court of Appeals and District Court precedent, as well as recent Federal Circuit decisions including In re Nintendo and In re Hoffmann-La Roche, and concluded that transfer of the litigation to Michigan was appropriate.
Volkswagen Group of America, Inc. is represented in the case by Kenyon & Kenyon partners Michael Lennon and Mark Hannemann, as well as attorneys Susan Smith and Georg Reitboeck.
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