Judge Albright Strikes “Key New Evidence”, Denies Convenience Transfer
Western District of Texas Judge Alan D. Albright has denied a Kingston Technology motion for a convenience transfer to the Central District of California of a case filed last March by Vervain, LLC. In doing so, the court continued its detailed approach to evidence gathered during early, venue-related discovery, here Judge Albright striking a Kingston declaration, offered in reply, that identified two California employees with knowledge about the accused products: “This declaration constitutes ‘key new evidence’ directly related to the parties’ venue dispute: whether Kingston has witnesses who will face an increased cost of attendance if the case remains in this court. The Court therefore exercises its discretion to not consider the declaration in ruling on this motion”.