APPLE inc. and NEXT Software Inc. v. Motorola, Inc. and Motorola Mobility, Inc

Filing 3

DECLARATION of Brian Cannon in Support re: 1 MOTION to Compel DOCUMENT PRODUCTION AND DEPOSTION FROM JEFFERSON HAN AND PERCEPTIVE PIXEL. Other Court Name: NORTHERN DISTRICT OF ILLINOIS. Other Court Case Number: 11CV8450. (Filing Fee $ 46.00, Receipt Number 465401029188) MOTION to Compel DOCUMENT PRODUCTION AND DEPOSTION FROM JEFFERSON HAN AND PERCEPTIVE PIXEL. Other Court Name: NORTHERN DISTRICT OF ILLINOIS. Other Court Case Number: 11CV8450. (Filing Fee $ 46.00, Receipt Number 465401029188). Document filed by Motorola, Inc. and Motorola Mobility, Inc. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit)(wb)

EXHIBIT 2

Case: 3:10-cv-00662-bbc Document #: 276

Filed: 12/01/11 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - APPLE, INC. and NeXT SOFTWARE, INC.,
f/k/a NeXT COMPUTER, INC.,
Plaintiffs,

ORDER
10-cv-662-bbc

v.
MOTOROLA, INC. and
MOTOROLA MOBILITY, INC.,
Defendants.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Both sides have told the court that they will agree to have this case tried in the
Northern District of Illinois, although one side may have reconsidered its initial agreement.
Regardless of any possible change of position, I am not persuaded that either side has shown
a good reason to keep this case in this district. The parties have no basis on which to object
to the reassignment of the case to another judge and all of the reasons for a change of venue
set out in 28 U.S.C. § 1404(a) support a change of venue.
Trial in the Northern District of Illinois will be more convenient for the parties and
the witnesses, given the location of defendant’s headquarters in that district and the
availability of non-stop flights from California. The transfer is definitely in the interests of
justice; this court is not in a position to try the case at any time in the near future and there

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Case: 3:10-cv-00662-bbc Document #: 276

Filed: 12/01/11 Page 2 of 2

is little likelihood of finding a volunteer judge to take over the case in its present form.
If the parties believe that Apple v. Motorola, 10-cv-661, should also be transferred
to the Northern District of Illinois, they may take that matter up with the presiding judge
in the 10-cv-662 case.

ORDER
IT IS ORDERED that this case is transferred to the Northern District of Illinois.
Entered this 30th day of November, 2011.
BY THE COURT:
/s/
BARBARA B. CRABB
District Judge

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