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ANADIGICS, INC. v. RAYTHEON CO.

November 8, 1995

ANADIGICS, INC., Plaintiff, against RAYTHEON COMPANY, Defendant.


The opinion of the court was delivered by: CHIN

 and ORDER

 CHIN, D.J.

 Defendant Raytheon Company ("Raytheon") has moved pursuant to 28 U.S.C. § 1404(a) to transfer this action to the District of Massachusetts. In response, plaintiff Anadigics, Inc. ("Anadigics") moved to transfer the action to the District of New Jersey. For the reasons set forth below, Raytheon's motion is granted and the action is transferred to Massachusetts.

 BACKGROUND

 On May 26, 1995, Anadigics commenced this action under the Semiconductor Chip Protection Act of 1984, 17 U.S.C. § 901 et seq. (the "Act"), claiming that Raytheon infringed its "mask work" rights in violation of the Act. Anadigics is a New Jersey corporation with its headquarters in New Jersey. Raytheon is a Massachusetts corporation with its headquarters in Massachusetts.

 Both Anadigics and Raytheon are manufacturers and suppliers of microwave integrated circuits, including monolithic microwave integrated circuits ("MMICs"). MMICs are used in various high-frequency broadcast applications, including cellular telephones and direct broadcast satellite ("DBS") television. The specific product at issue is Anadigics's registered Mask Work No. MW 7792, entitled B78. A primary use of the B78 mask work is in DES television receiver applications.

 In this action, Anadigics alleges that Raytheon infringed on Anadigics's rights in the B78 mask work. Raytheon has asserted twelve affirmative defenses. Eight of these defenses contend that Raytheon did not infringe on Anadigics's mask work rights. Three defenses challenge the validity of Anadigics's mask work rights. Raytheon's final defense contends that its product was properly created through the process of reverse engineering.

 DISCUSSION

 Raytheon brings this motion to transfer under 28 U.S.C. § 1404(a), which provides that:

 
for the convenience of parties and witnesses, in the interest of justice, a district court may transfer any civil action to any other district or division where it might have been brought.

 28 U.S.C. § 1404(a). Thus, the moving party bears the burden of establishing: (1) that the action could have been brought originally in the transferee forum; (2) that transfer serves the convenience of parties and witnesses; and (3) that transfer advances the interests of justice. Morales v. Navieras de Puerto Rico, 713 F. Supp. 711 (S.D.N.Y. 1989). Although a plaintiff's choice of forum is generally given significant weight, Seagoing Uniform Corp. v. Texaco, Inc., 705 F. Supp. 918, 936 (S.D.N.Y. 1989), this presumption does not apply where there is "little material connection" between the chosen forum and the facts or issues of the case. Bordiga v. Directors Guild of America, 159 F.R.D. 457, 462 (S.D.N.Y. 1995).

 A motion to transfer venue rests within the sound discretion of the district court. Schwartz v. R.H. Macy's, Inc., 791 F. Supp. 94, 94 (S.D.N.Y. 1992). Factors the court should consider include: (1) the convenience of witnesses; (2) the location of relevant documents and relative ease of access to sources of proof; (3) the convenience of the parties; (4) the locus of operative facts; (5) the availability of process to compel the attendance of unwilling witnesses; (6) the relative means of the parties; (7) the forum's familiarity with the governing law; (8) the weight accorded the plaintiff's choice of forum; and (9) trial efficiency and the interests of justice, based on the totality of circumstances. Pilates, Inc. v. Pilates Inst., Inc., 891 F. Supp. 175, 183 (S.D.N.Y. 1995); Constitution Reinsurance Corp. v. Stonewall Ins. Co., 872 F. Supp. 1247, 1250-51 (S.D.N.Y. 1995).

 Both parties make compelling cases as to the relative convenience of the parties and witnesses, and the location of key documents between Massachusetts and New Jersey. The only connection between this action and the Southern District of New York, however, is that Raytheon does business in New York. In such a situation, the court need not give great weight to plaintiff's choice of forum. Bordiga, ...


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