United States District Court, E.D. Texas, Marshall Division
MEMORANDUM OPINION AND ORDER
PAYNE UNITED STATES MAGISTRATE JUDGE
patent case, the Court will now consider Defendants'
Motion to Transfer Venue to the Northern District of
California [Dkt. # 59]. For the reasons set forth below, the
Court concludes the movants, none of whom are based in that
district, have not shown the Northern District of California
is a clearly more convenient forum than this District and
will deny the motion.
technology at issue concerns transferring and storing data
within a network. Compl. [Dkt. # 1] ¶ 16. According to
Alacritech, traditional methodologies wasted too much
processing power performing brute-force data transfer and
storage. Id. ¶ 18. To address that waste,
Alacritech developed the use of dedicated network interface
controllers (NICs) to more efficiently handle the processing.
Id. Offloading processing tasks to a dedicated NIC
implementing the methodologies taught by the asserted patents
accelerates data transfer between devices and allows the host
CPUs to keep processing power for more substantive tasks.
The Parties 
Dell is a Delaware corporation headquartered in Round Rock,
Texas. Dell sells computers, monitors, servers, and other
devices it sources and assembles from third-party suppliers.
Alacritech's infringement allegations against Dell are
directed to the network adapters included in various Dell
Tier 3, Inc., Savvis Communications Corp., and CenturyLink
Communications LLC (collectively, “the CenturyLink
Defendants”) are operating entities that share a common
holding company parent, CenturyLink, Inc. Tier 3 is a
Washington corporation with its principal place of business
in Bellevue, Washington. Savvis is a Missouri corporation
with its principal place of business in Town & Country,
Missouri. CenturyLink Communications is a Louisiana
corporation with its principal place of business in Monroe,
CenturyLink Defendants provide cloud, colocation, and hosting
services to customers globally. Alacritech's infringement
allegations against the CenturyLink Defendants are directed
to servers that CenturyLink buys from Dell and Hewlett
Packard, and which include network devices supplied by other
third parties, including Intel, Broadcom, QLogic, and
Wistron Corporation is a Taiwanese corporation with its
principal place of business in Taipei. Wistron sells
electronic equipment such as televisions, notebook PCs,
servers, storage systems, and networking devices to branding
companies such as Dell. Wis-tron's COO works in
Wiwynn Corporation, an affiliate of Wistron, is a Taiwanese
corporation with its principal place of business in Taipei.
Wiwynn is involved in the cloud computing business, and
provides products and services directly to end users.
SMS InfoComm Corporation, a subsidiary of Wistron, is a Texas
corporation with its principal place of business in
Grapevine, Texas. SMS warehouses products for Wistron and
provides after-sale service of products sold by Wistron.
Alacritech is a California corporation with its principal
place of business in San Jose, California. The majority of
its former and current employees live in the San Francisco
Bay area, as do five named inventors of the asserted patents.
Alacritech's founder and president is one of those
the parties identify these specific third-party (i.e., not a
party employee) witnesses:
• Clive Philbrick, a named inventor on all asserted
patents, who lives in the San Francisco area;
• Steve Blightman, a named inventor on some of the
asserted patents, who lives in the San Francisco area;
• Mark Lauer, prosecuting attorney for some of the
asserted patents, who works in Pleasanton, CA;
• Michael Lazorik and Manish Mehta, former Dell
employees living in Austin who communicated with
• Robert Winter, a former Dell network engineer from
Austin who was in- volved in testing of Alacritech's
• Mark Underwood, a former Dell employee now living in
Boston who acted as a primary contact for the technical team
that interacted with Alacritech.
Defendants identify Intel, Broadcom, and Qlogic as designers
and manufacturers of accused network interface devices. Intel
headquarters in Santa Clara, California, but has a major
presence in Texas and employs 2300 people in Austin and
Plano. Broadcom is headquartered in San Jose, California.
QLogic's headquarters are in Aliso Viejo, California.
also identify Nexenta Systems, Inc., Scality Inc., and
Mellanox Technologies as suppliers of network controllers and
software potentially implicated by Alacritech's
infringement claims. Nexenta's headquarters is in Santa
Clara, California. Scality's headquarters is in San
Francisco, California. Mellanox's U.S. headquarters is in
Sunnyvale, California, but Mellanox has a regional office in
Austin. The parties' ...