Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bluestone Innovations, LLC v. LG Elecs., Inc.

United States District Court, E.D. Virginia, Norfolk Division

April 12, 2013

BLUESTONE INNOVATIONS, LLC, Plaintiff,
v.
LG ELECTRONICS, INC. et al, Defendants. BLUESTONE INNOVATIONS, LLC, Plaintiff,
v.
ACER, INC. et al, Defendants. BLUESTONE INNOVATIONS, LLC, Plaintiff,
v.
VIZIO, INC., Defendant. BLUESTONE INNOVATIONS, LLC, Plaintiff,
v.
BEST BUY CO., INC. et al, Defendants

For Bluestone Innovations, LLC (2:12-cv-00503-HCM-LRL), Plaintiff: Amy Sanborn Owen, Richard Dean Holzheimer, Jr., Cochran & Owen LLC, Vienna, VA; David Joseph Mahalek, Dean Douglas Niro, Robert Allen Conley, PRO HAC VICE, Niro Haller & Niro, Chicago, IL.

For LG Electronics, Inc., LG Electronics U.S.A., Inc., Defendants: Robert John Kenney, LEAD ATTORNEY, Michael Benjamin Marion, Birch Stewart Kolasch & Birch LLP, Falls Church, VA; Ashish Nagdev, Peter Kang, Philip Woo, PRO HAC VICE, Sidley Austin, Palo Alto, CA.

For Acer, Inc., Acer America Corporation, Consolidated Defendants: Bernard Joseph DiMuro, LEAD ATTORNEY, DiMuro Ginsberg PC, Alexandria, VA; Hsiang Hong Lin, James Lin, Kaiwen Tseng, PRO HAC VICE, Freitas Tseng & Kaufman LLP, Redwood City, CA.

For VIZIO, Inc., Consolidated Defendant: Adrian Mary Pruetz, Avraham Schwartz, Charles Christian Koole, PRO HAC VICE, Glaser Weil Fink Jacobs Howard Avchen & Shapiro LLP, Los Angeles, CA; Jack Rephan, Pender & Coward PC, Virginia Beach, VA; Steven Richard Hansen, PRO HAC VICE, Lee Tran & Liang APLC, Los Angeles, CA.

For Best Buy Co., Inc., Consolidated Defendant: Bryan James Mechell, Christopher Kenneth Larus, PRO HAC VICE, Robins, Kaplan, Miller & Ciresi, LLP, Minneapolis, MN; Ethan G. Ostroff, Troutman Sanders LLP, Virginia Beach, VA; Robert Armistead Angle, Troutman Sanders LLP, Richmond, VA.

For Best Buy Stores, L.P., BestBuy.com, LLC, Consolidated Defendants: Robert Armistead Angle, LEAD ATTORNEY, Troutman Sanders LLP, Richmond, VA; Bryan James Mechell, Christopher Kenneth Larus, PRO HAC VICE, Robins, Kaplan, Miller & Ciresi, LLP, Minneapolis, MN; Ethan G. Ostroff, Troutman Sanders LLP, Virginia Beach, VA.

For Bluestone Innovations, LLC, Consolidated Plaintiff: Amy Sanborn Owen, Richard Dean Holzheimer, Jr., Cochran & Owen LLC, Vienna, VA.

For Bluestone Innovations, LLC (2:12-cv-00510-HCM-DEM), Plaintiff: Amy Sanborn Owen, Cochran & Owen LLC, Vienna, VA; David Joseph Mahalek, Dean Douglas Niro, Robert Allen Conley, PRO HAC VICE, Niro Haller & Niro, Chicago, IL.

For Acer, Inc., Acer America Corporation, Defendants: Jerry Chen, LEAD ATTORNEY, PRO HAC VICE, Freitas Tseng & Kaufman LLP, Redwood City, CA.

For Bluestone Innovations, LLC (2:12-cv-00532-HCM-LRL), Plaintiff: Amy Sanborn Owen, LEAD ATTORNEY, Cochran & Owen LLC, Vienna, VA; David Joseph Mahalek, Dean Douglas Niro, Robert Allen Conley, PRO HAC VICE, Niro Haller & Niro, Chicago, IL.

For Vizio, Inc., Defendant: Jack Rephan, Pender & Coward PC, Virginia Beach, VA.

For Bluestone Innovations, LLC (2:12-cv-00545-HCM-LRL), Plaintiff: Amy Sanborn Owen, LEAD ATTORNEY, Benje Allen Selan, Cochran & Owen LLC, Vienna, VA.

For Best Buy Co., Inc., Best Buy Stores, L.P., BestBuy.com, LLC, Defendants: Dabney Jefferson Carr, IV, Robert Armistead Angle, LEAD ATTORNEYS, Troutman Sanders LLP, Richmond, VA; Syed Mohsin Reza, Troutman Sanders LLP, McLean, VA.

OPINION

HENRY COKE MORGAN, JR., SENIOR UNITED STATES DISTRICT JUDGE.

Page 311

OPINION AND ORDER

All four of the captioned cases are patent infringement actions brought by the same plaintiff regarding the same technology. This particular matter is before the Court on Defendants LG Electronics, Inc. and LG Electronics U.S.A., Inc.'s (collectively, " LGE" ) Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a), Doc. 73, and Defendants Acer Inc. and Acer America Corporation's (collectively, " Acer" ) Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a), Doc. 81. LGE's Motion has been joined by Defendant VIZIO, Inc. (" VIZIO" ) and by Defendants Best Buy Co., Inc., Best Buy Stores, L.P., and BestBuy.com, LLC (collectively, " Best Buy" ). Docs. 76, 79. Because all four cases have been consolidated for pretrial purposes, see Doc. 11, and all Defendants seek transfer to the Northern District of California, the Court has considered the Motions and Joinders together. On March 25, 2013, the Court convened a hearing and ruled from the bench. The Court GRANTED Defendants' Motions and now issues this Opinion and Order setting forth the reasons for its ruling in further detail.

I. Background

A. The Patent

On December 19, 2000, the United States Patent and Trademark Office (" USPTO" ) issued Patent No. 6,163,557 (the " Patent" or the " '557 Patent" ). [1] The listed inventors were Clarence J. Donnrowicz, Linda T. Romano, and David. P. Bour (collectively, " Inventors" ) of Xerox Palo Alto Research Center (" PARC" ). Doc. 1 (" Compl." ); see also Doc. 73 at 5; Pat. No. '557. [2] PARC is located in Palo Alto, California, within the Northern District of California. Id. The Inventors reside within the Northern District of California. Doc. 73 at 9, Ex. U.

Page 312

Upon issuance, the Patent was assigned to Xerox Corporation of Stamford, Connecticut. Doc. 81, Ex. J. The Patent was eventually acquired by Bluestone Innovations Holdings, LP, on May 25, 2010, and immediately assigned to Bluestone Innovations Texas, LLC. Id. Finally, on September 4, 2012, the Patent was assigned to Bluestone Innovations, LLC (" Plaintiff" ). Id. The Patent is " subject to an exclusive field of use license held by a third party for any Optical Media Storage Device or Component." Compl. ¶ 8. [3]

The Patent covers an invention related to light emitting diodes (" LEDs" ). Pat. No. '557. [4] Plaintiff seeks to enforce the Patent against Acer, Best Buy, LGE, and VIZIO (collectively, " Defendants" ), claiming that certain televisions and monitors that they sell or manufacture, which utilize LEDs, infringe the Patent. See, e.g., Compl. ¶ 10.

B. Similar Litigation

Plaintiff is also suing LED manufacturers for infringing the '557 Patent in the Northern District of California. See Bluestone Innovations LLC v. Epistar Corp. et al., Case No. 3:12cv-00059-SI (N.D. Cal. filed May 26, 2010) (the " Related Litigation" ). While the case was initially brought against multiple defendants, only two remain: Nichia Corporation and Nichia America Corporation (collectively, " Nichia" ). Id. The parties have just ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.