Fortinet, Inc. v. FireEye, Inc.
944 F. Supp. 2d 352
D. Del.2013Background
- Fortinet filed suit in Delaware asserting infringement of eight Fortinet patents by FireEye.
- FireEye does business in California and Delaware; both parties are Delaware corporations with California headquarters.
- Fortinet seeks patent infringement relief; FireEye markets and sells products that allegedly infringe Fortinet’s patents.
- Fortinet asserts venue is proper in Delaware; FireEye seeks transfer to the Northern District of California under 28 U.S.C. §1404(a).
- Fortinet has substantial prior litigation in Northern California; FireEye has no federal litigation history and is smaller in size.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is transfer to Northern District of California proper under §1404(a)? | Fortinet emphasizes plaintiff’s forum preference and local venue factors. | FireEye argues convenience and justice favor California. | Transfer granted. |
| How do private/public Jumara factors weigh on transfer? | Fortinet claims local ties and California claims complicate matters. | FireEye argues California is more convenient for witnesses and records. | Private factors favor Delaware; public factors neutral or slight; overall transfer justified by justice considerations. |
| Do the Rule 12(b)(6) dismissal issues survive after transfer ruling? | moot; dismissal denied as moot. |
Key Cases Cited
- Jumara v. State Farm Ins. Co., 55 F.3d 873 (3d Cir. 1995) (scope of 1404(a) factors; plaintiff's venue choice respected)
- Helicos Biosciences Corp. v. Illumina, Inc., 858 F. Supp. 2d 367 (D. Del. 2012) (consideration of all relevant factors beyond enumerated ones)
- E.E.O.C. v. Univ. of Pa., 850 F.2d 969 (3d Cir. 1988) (federal comity in transfer analysis)
- Norwood v. Kirkpatrick, 349 U.S. 29 ((1955)) (treats plaintiff's forum choice as legitimate)
- Red Wing Shoe Co., Inc. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998) (infringement arises where acts of infringement occur)
- Cradle IP, LLC v. Texas Instruments, Inc., 923 F. Supp. 2d 696 (D. Del. 2013) (patent litigation implications for transfer factors)