Motion to Transfer Venue Denied

March 2, 2016 – The District of Delaware denied Defendant Minerva Surgical’s motion to transfer venue.  Minerva Surgical, a Delaware corporation, sought to transfer venue to the Northern District of California, where it maintains its headquarters and sole place of business.  The Court denied Minerva Surgical’s motion because it failed to establish a unique or unexpected burden in facing suit in the state of its incorporation.  The Court reasoned “a company should not be successful in arguing that litigation in Delaware is inconvenient, absent some showing of a unique or unexpected burden.”

The patents at issue are U.S. Patent Nos. 6,872,183, 8,998,898, 9,095,348, and 9,247,989, which relate to an apparatus and method for detecting perforations in a body cavity and for ablating the interior linings of body organs.  The case is captioned Hologic, Inc. et al. v. Minerva Surgical, Inc. and is pending in the District of Delaware, 15-cv-1031-SLR.

By:  Christopher J. Stankus

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