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· 12/17/2009

In Re Nintendo Co., Ltd.

Citations

  • 589 F.3d 1194
  • 93 U.S.P.Q. 2d (BNA) 1152
  • 2009 U.S. App. LEXIS 27647
  • 2009 WL 4842589

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • \This framing of the issue reflects a recent tendency—which we noted in Reardon v. King
  • holding that, “in a case featuring most witnesses and evidence closer to the transferee venue with few or no convenience factors favoring the venue chosen by the plaintiff, the trial court should grant a motion to transfer”
  • holding that “in a case featuring most witnesses and evidence closer to the transferee venue with few or no convenience factors favor- ing the venue chosen by the plaintiff, the trial court should grant a motion to transfer”
  • finding the citizens of the transferor venue had “no more or less of a meaningful connection to the case than any other venue” because the products were “sold throughout the United States”
  • applying Fifth Circuit law to hold that this factor clearly favored transfer when some key witnesses were from Japan and “would each have to travel an additional 1,756 miles or 7 hours by plane to Texas as compared with Washington State.”
  • applying Fifth Circuit law to hold that this factor clearly favored transfer when some key witnesses were from Japan and “would each have to travel an additional 1,756 miles or 7 hours by plane to Texas as compared with Washington State.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Rader, Clevenger, Dyk

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.