1:84-F-00620•IN RE: Corporate Communications Consultants, Inc., Patent Litigation
IN RE: Corporate Communications Consultants, Inc., Patent Litigation
1:84-F-00620Jpml01.06.2015
Gesamter Gesetzestext
co Case MDL No. 620° Document2 Filed 06/01/15 Page 1 of 3 JUTIIAL PANEL OY peo TesTRST U0ALSH FILED MAR -5 1565 DOCKET NO. 620 FATRIDIAO. | oy 2nd BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATLERK OF Ti= Fill IN RE CORPORATE COMMUNICATIONS CONSULTANTS, INC., PATENT LITIGATION TRANSFER ORDER#¥ This docket presepfly consists of ten actions pending in tendistricts as follows:= C.D. California l action N.D. California 1 action M.D. Florida 1 action N.D. Georgia 1 action N.D. Illinois 1 action : E.D. Michigan 1 action D. Minnesota 1 action D. New Jersey 1 action ae S.D. New York 1 action D. Utah 1 action Before the Panel is a motion by Corporate Communications Consultants, C ac., (CCC), the plaintiff in all actions, to centralize the actions ’ a the Southern District of New York pursuant to 28 U.S.C. §1407 for EE coordinated or consolidated pretrial proceedings. Five parties state that they support or do not oppose transfer, and 33 parties have responded in opposition to transfer. In the event the Panel does order transfer, various parties have suggested the Central District of California, the Northern District of Georgia and the Northern District of Illinois as alternative transferee forums. ¥ Judge Sam C. Pointer, Jr., took no part in the decision of this matter. 1/ On January 3, 1985, movant moved to amend its motion to include ten additional newly filed actions pending, respectively, in D. District of Columbia, N.D. Georgla, E.D. Louisiana, D. Maryland, D. Massachusetts, S.D. New York, D. New Jersey, D. Oregon, E.D. Pennsylvania, and W.D.Pennsylvania. This occurred too late for the actions to be included in the January 24, 1985, hearing held in this docket. These actions will be treated as potential tag-along actions in accordance with the Panel's Rules. See Rules 9 and 10, R.P.J.P.M.L., 89 F.R.D. 273, 278-80 (1981).
Case MDL No. 620 Document 2 Filed 06/01/15 Page 2 of 3 “0 = ® On the basls of the papers filed and the hearing held, the Panelfinds that these actions involve common questions of fact and that centralization under 28 U.S.C. §1407 in the Southern District of NewYork will best serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. There areapproximately 70 remaining defendants in the ten actions. All but oneof these defendants are accused of infringing CCC's "Rainbow" patent(which pertains to video color correction devices), and all but fiveare accused of conspiring with two of the five unnamed defendants toboycott CCC's patent license offers in violation of the antitrustjaws. Transfer under Section 1407 is necessary in order to eliminateduplicative discovery, prevent inconsistent pretrial rulings, and con-serve the resources of the parties, their counsel and the judiclary. We are persuaded that the Southern District of New York is the appropriate transferee forum for this litigation. We note, interalia, that 1) the Honorable John E. Sprizzo, to whom we are assigningthis litigation, has already gained familiarity with the issues in the J litigation as a result of presiding over an earlier filed related, action; and 2) documents and witnesses concerning the patent validityjssue are likely to be found at CCC's headquarters in the New Yorkmetropolitan area. IT IS THEREFORE ordered that, pursuant to 28 U.S.C. §1407, the PE actions listed on the attached Schedule A and pending outside theSouthern District of New York be, and the same hereby are, transferre to the Southern District of New York and, with the consent of thatcourt, assigned to the Honorable John E. Sprizzo for coordinated orconsolidated pretrial proceedings with the action pending in thatdistrict and listed on Schedule A. FOR THE PANEL: Andrew A. C ey ee Chairman
~ ae Case MDL No. 620 Document2 Filed 06/01/15 Page 3 of 3 | SCHEDULE A @ -- In re Corporate Communications Consultants, Inc. Patent Litigation Central District of California : Corporate Communications Consultants, Inc. v. AME, Inc., et al., C.A. No. CV-BL-LL5L DWW (Mcx) Northern District of California Qorporate Communications Consultants, Inc. v. One Pass, Inc.,et al., C.A. No. - iS Middle District of Florida Corporate Communications ‘Consultants, Inc. V. Digital Video Corp., et al., C.A. No. ~633-Civ-Orl-1 Northern District of Georgia Corporate Communications Consultants, Inc. Vv. Crawford Communications, Inc., et al., C.A. No. C-84-10L60A Northern District of Illinois Corporate Communications Consultants, Inc. v. Edit/Chicago, @® Inc., et al., C.A. No. -C- 0 4 - Eastern District of Michigan Corporate Communications Consultants Inc. v. Allied Film Laboratory, Inc., et al., C.A. No. BL-CvV-3088 DT District of Minnesota oo | Corporate Communications Consultants, Inc. Vv. Northwest : Teleproductions, Tnc., C.A. No. T-BG-Civ-T71 District of New Jersey Corporate Communications Consultants, Inc. v. Dubner Computer District of Utah Corporate Communications Consultants, Inc. Vv. Telemation Productions, Inc., et al., C.A. No. C-BL-669W Southern District of New York Corporate Communications Consultants, Inc. v. American Video C Channels, Inc., et al., C.A. No. BL4-Civ-0178
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