Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Filing 113

Joint MOTION to Change Venue Under 28 U.S.C. § 1404(a) by Adobe Systems Inc., Alladin Knowledge Systems Ltd., Alladin Knowledge Systems, Inc., CA, Inc., NATIONAL INSTRUMENTS CORP., Onyx Graphics, Inc., Pinnacle Systems, Inc., Safenet, Inc., Sonic Solutions, Symantec Corp.. (Attachments: # 1 Exhibit 1-Sony motion to transfer, # 2 Exhibit 2-Sony reply ISO motion to transfer, # 3 Exhibit 3-Sony reply to sur-reply ISO motion to transfer, # 4 Exhibit 4-Uniloc complaint (USDC D. RI), # 5 Exhibit 5-Notice of dismissal of Aladdin Knowledge Systems Inc., # 6 Exhibit 6-National Instruments Corporation declaration, # 7 Exhibit 7-Adobe Systems Incorporated declaration, # 8 Exhibit 8-SafeNet, Inc. declaration, # 9 Exhibit 9-CA, Inc. declaration, # 10 Exhibit 10-Pinnacle Systems, Inc. declaration, # 11 Exhibit 11-Sonic Solutions declaration, # 12 Exhibit 12-Onyx Graphics, Inc. declaration, # 13 Exhibit 13-Symantic Corp. declaration, # 14 Exhibit 14-Aladdin Knowledge Systems, Inc. and Aladdin Knowledge Systems, Ltd. declaration, # 15 Text of Proposed Order)(Healey, David)

Uniloc USA, Inc. et al v. NATIONAL INSTRUMENTS CORP. et al

Doc. 113

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION UNILOC USA, INC., ET AL., Plaintiffs, v. NATIONAL INSTRUMENTS CORP., ET AL., Defendants. MOTION TO TRANSFER VENUE UNDER 28 U.S.C. § 1404(a) Defendants National Instruments Corporation ("NI"), Adobe Systems Incorporated ("Adobe"), SafeNet, Inc. ("SafeNet"), CA, Inc. ("CA"), Pinnacle Systems, Inc. ("Pinnacle"), Sonic Solutions ("Sonic"), Onyx Graphics, Inc. ("Onyx"), Symantec Corp. ("Symantec"), Aladdin Knowledge Systems, Inc. ("Aladdin, Inc.") and Aladdin Knowledge Systems, Ltd. ("Aladdin, Ltd.") (collectively, the "moving NI Case Defendants") hereby move pursuant to 28 U.S.C. § 1404(a) to transfer this case to the United States District Court for the District of Rhode Island. Defendants Pervasive Software, Inc. and FileMaker, Inc., do not oppose this motion.1 As grounds for this motion, the moving NI Case Defendants hereby cite, rely upon, and incorporate herein the memorandum of points and authorities filed as Dkt. No. 73 on December 7, 2010 (Exhibit 1), the reply filed as Dkt. No. 92 filed on January 26, 2011 (Exhibit 2), and response to Uniloc's sur-reply filed as Dkt. No. 104 filed on February 17, 2011 (Exhibit 3), in related Civil Action No. 6:10-cv-000373-LED. The defendants in that related case are likewise requesting transfer to the United States District Court for the District of Rhode Island. Civil Action No. 6:10-cv-472-LED JURY TRIAL DEMANDED

1

Although not parties to this motion, both have stated that this action might have been brought against them in Rhode Island.

Dockets.Justia.com

Moreover, one of the moving NI Case Defendants is Aladdin, Inc. The Uniloc Plaintiffs previously sued Aladdin, Inc., on September 26, 2003, in the United States District Court for the District of Rhode Island, in the same lawsuit as Microsoft Corporation, for the same acts alleged to infringe here. (Exhibit 4, Uniloc's Rhode Island Complaint filed September 26, 2003). That prior case against Aladdin, Inc. was dismissed without prejudice. (Exhibit 5, Notice of Dismissal filed October 30, 2003). Having previously chosen the District of Rhode Island as an appropriate venue for its first case against Aladdin, Inc., the Uniloc Plaintiffs cannot credibly maintain that Rhode Island is an inappropriate forum for this case against Aladdin, Inc. and the other moving NI Case Defendants. The moving NI Case Defendants are located throughout the country. Defendant NI has its principal place of business in the Western District of Texas. (Exhibit 6, Declaration of National Instruments at ¶2). Defendant Adobe has its principal place of business in California. (Exhibit 7, Declaration of Adobe at ¶2). Defendant SafeNet has its principal place of business in Maryland. (Exhibit 8, Declaration of SafeNet at ¶2). Defendant CA has its principal place of business in New York. (Exhibit 9, Declaration of CA at ¶2). Defendant Pinnacle has its principal place of business in California. (Exhibit 10, Declaration of Pinnacle at ¶ 2). Defendant Sonic has its principal place of business in California. (Exhibit 11, Declaration of Sonic at ¶2.) Defendant Onyx has its principal place of business in Utah. (Exhibit 12, Declaration of Onyx at ¶2.) Defendant Symantec has its principal place of business in California. (Exhibit 13, Declaration of Symantec at ¶2.) Defendant Aladdin, Ltd. has its principal place of business in Israel. (Exhibit 14, Declaration of Aladdin, Inc. and Aladdin, Ltd. at ¶ 2). Defendant Aladdin, Inc. has its principal place of business in Illinois. (Id. at ¶3). All of the moving NI Case Defendants are subject to personal jurisdiction in Rhode Island. (Exhibits 6-14 at ¶¶3-5).

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Wherefore, for the foregoing reasons and those set forth in Exhibits 1 through 14, the moving NI Case Defendants respectfully request that this case be transferred to the United States District Court for the District of Rhode Island. Dated: March 25, 2011 /s/ David J. Healey David J Healey Email: [e-mail] FISH & RICHARDSON P.C. 1221 McKinney Street - Suite 2800 Houston, TX 77010 Telephone: [phone] Facsimile: 713-652-0109 COUNSEL FOR DEFENDANTS NATIONAL INSTRUMENTS CORPORATION, ADOBE SYSTEMS INCORPORATED, ALLADIN KNOWLEDGE SYSTEMS LTD., ALLADIN KNOWLEDGE SYSTEMS, INC., ONYX GRAPHICS, INC., PINNACLE SYSTEMS, INC., AND SAFENET, INC. Respectfully submitted, /s/ John M. Guaragana Brian K Erickson Email: [e-mail] John M Guaragna Email: [e-mail] DLA PIPER US LLP 401 Congress Avenue - Suite 2500 Austin, TX 78701-3799 Telephone: [phone] Facsimile: 512-457-7001 John Allcock Email: [e-mail] Erin P Gibson Email: [e-mail] DLA PIPER US LLP 401 B Street - Suite 1700 San Diego, CA 92101 Telephone: [phone] Facsimile: 619-699-2701 Elizabeth L DeRieux Email: [e-mail] CAPSHAW DERIEUX LLP 114 E Commerce Avenue Gladewater, TX 75647 Telephone: [phone] Facsimile: 903-236-8787 COUNSEL FOR DEFENDANT CA, INC.

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/s/ Allen Franklin Gardner Allen Franklin Gardner Email: [e-mail] Michael E Jones Email: [e-mail] POTTER MINTON PC 110 N College - Suite 500 PO Box 359 Tyler, TX 75710-0359 Telephone: [phone] Dean Geoffrey Dunlavey Email: Email: [e-mail] LATHAM & WATKINS LLP 650 Town Center Drive - Suite 2000 Costa Mesa, CA 92626 Telephone: [phone] Mark Alan Flagel Email: [e-mail] Yury Kapgan Email: [e-mail] LATHAM & WATKINS LLP 355 South Grand Avenue Los Angeles, CA 90071 Telephone: [phone] COUNSEL FOR DEFENDANT SYMANTEC CORP.

/s/ Roderick M. Thompson Deborah J. Race Email: [e-mail] Otis W. Carroll, Jr. Email: [e-mail] IRELAND CARROLL & KELLEY 6101 S Broadway - Suite 500 Tyler, TX 75703 Telephone: [phone] Roderick M Thompson Email: [e-mail] FARELLA BRAUN & MARTEL LLP 235 Montgomery Street - 17th Floor San Francisco, CA 94104 Telephone: [phone] Facsimile: 415-954-4480 COUNSEL FOR DEFENDANT SONIC SOLUTIONS

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CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the above and foregoing document has been served, via the Court's CM/ECF system per Local Rule CV-5(a)(3), upon all counsel of record, as identified below, on March 25, 2011: Paul Hayes Dean Bostock MINTZ, LEVIN, COHN, FERRIS, GLOVSKY and POPEO, P.C. One Financial Center Boston, Massachusetts 02111 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] T. John Ward, Jr. Texas State Bar No. 00794818 J. Wesley Hill Texas State Bar No. 24032294 WARD & SMITH LAW FIRM 111 W. Tyler Street Longview, Texas 75601 Telephone: [phone] Facsimile: [phone] [e-mail] [e-mail] /s/ David Healey David Healey Attorney for Plaintiffs Uniloc USA, Inc. and Uniloc Singapore Private Limited

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