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December 28, 2011

Comments

Kevin,

It is strange that the Federal Circuit focused on the inconvenience of the witnesses of the party who chose the forum. But I really think the underlying issue to motivated the Federal Circuit to transfer is that suit was filed in the E.D. Tex. I know there shouldn't be a presumption here that venue was being manufactured, but when it comes to patent suits filed in the E.D. Tex., that initial assumption/presumption is hard to ignore.

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