Patent opinions from the Eastern District of Texas and the U.S. Court of Appeals for the Federal Circuit

E.D. Tex.

Shifferaw v. Emson USA et al, No. 2:09-cv-00054 (E.D. Tex. Mar. 18, 2010)

Granted in Part
Court
U.S. District Court for the Eastern District of Texas, Marshall Division
Case No.
No. 2:09-cv-00054, Dkt. No. 48
Decided
March 18, 2010
Judge
See opinion
Document
Memorandum Opinion and Order
Docket Entry
MEMORANDUM OPINION and ORDER - The court orders that the claims against Mishan be severed from the claims against the Retailer Defendants. The court finds, based on the consideration of both private and public interest factors in this case,…
Length
11 pages

From the Opinion

The passage below is extracted verbatim from the opening of the document. It has not been editorially summarized — consult the full opinion for the court's complete reasoning.

Before the court is the defendants’ Motion to Sever Claims against the defendant E. Mishan & Sons, Inc., transfer those claims to th e Southern District of New York, and stay or dismiss the claims against the defendants Acad emy and Amazon (Dkt. No. 23). This is an unusual case because the court normally denies such severance and transfer requests. In most instances, the interests of justice would not be favored by such a severance and transfer. See, e.g., Adrain v. Genetec, Inc., 2009 WL 3063414 (E.D. Tex. Sept. 22, 2009); Coll v.