IN RE: Glass Tempering System Patent Litigation

Case MDL No. 601 Document 2 Filed 06/01/15 Page 1 of 3 oo
JUUILIAL BARZL OH
' RELTIBISTRICT LIGATION
FILED
o SEP 25 188DOCKET NO. 601 PATRICIA B. How AzD
CLPak	HW OF THE PANELBEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATION
IN RE GLASS TEMPERING SYSTEM PATENT LITIGATION
TRANSFER ORDER
This litigation consists of seven actions, one each pending in the
Eastern District of Michigan, the Eastern District of New York, the
District of Massachusetts, the District of Colorado, the Western
District of Pennsylvania, the Southern District of Texas and the
Western District of Texas. Presently before the Panel is a motion by
Glasstech, Inc. (Glasstech), the plaintiff in all actions, to
centralize the actions in this litigation in the Eastern District of
Michigan, pursuant to 28 U.S.C. §1407, for coordinated or consolidated
pretrial proceedings. All defendants state in response to the motion
that they neither oppose nor request Section 1407 transfer. In the
event that the Panel orders transfer, defendants favor selection of
the Western District of Pennsylvania or the Northern District of Ohio
as the transferee forum.
On the basis of the papers filed and the hearing held, the Panel
: finds that these actions involve common questions of fact and that
entralization under 28 U.S.C. §1407 in the Northern District of Ohio
111 best serve the convenience of the parties and witnesses and
promote the just and efficient conduct of the litigation. These
common factual questions arise because the same two patents and the.
"same allegedly infringing equipment are involved in all seven actions.
Centralization under Section 1407 is thus necessary in order to
eliminate duplicative discovery, prevent inconsistent pretrial
rulings, and conserve the resources of the parties, their counsel and
the judiciary.
While any of the three districts suggested by the parties could be
considered an appropriate transferee district for this litigation, we
conclude that the Northern District of Ohio is preferable, even though
no constituent action is pending there. We note that the headquarters
of Glasstech, the patent holder, are located in Perrysburg, Ohio,
within the Northern District of Ohio. Conskquently, many important
witnesses and documents will be found in that district.
IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. §1407, the
actions listed on the attached Schedule A be, and the same hereby are,
transferred to the Northern District of Ohio and, with the consent of
that court, assigned to the Honorable Frank J. Battisti for coor-
dinated or consolidated pretrial proceedings.
} FOR THE PANEL:
Andrew A. Ca ey
Chairman

Case MDL No. 601 Document2 Filed 06/01/15 Page	2 of 3
8
' MDL-601 -- IN RE GLASS TEMPERING SYSTEM PATENT LITIGATION
Eastern District of Michigan : @®
Glasstech, Inc. v. Howe-Martz, C.A. No. 84-CV-1740DT
Eastern District of New York
Glasstech, Inc. v. Colonial Mirror & Glass, C.A. No. 84-1804
Western District of Pennsylvania
Glasstech, Inc. v. Three Rivers Aluminum, C.A. No. 84-1022
Southern District of Texas
Glasstech, Inc. v. San Jacinto Glass Co., C.A. No. H-84-1969
District of Massachusetts
Glasstech, Inc. v. Shaw Glass Co., Inc., C.A. No. CV-84-1329-G
District of Colorado
Glasstech, Inc. v. General Glass Corp., C.A. No. C84-K-889
Western District of Texas C	Glasstech, Inc. v. William A. Swinney, Inc. C.A. No. SA 84-0883
®

Case MDL No. i eral Gases ©
0.601 Document2 Filed 06/01/15 Page	3 0f 3 yuigiAl FANE. G5
HULTIDISTRICT LITIGATION
FILED
C DOCKET NO. 601 NOY 13 198%BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGATIONTRICIA D. Huw ituCLERK OF THE PANEL
IN RE GLASS TEMPERING SYSTEM PATENT LITIGATION
ORDER REASSIGNING LITIGATION
Inasmuch as the actions in the above litigation have been
reassigned in accordance with the Local Rules for the Northern
District of Ohio,
IT IS THEREFORE ORDERED that the above-captioned litigation
be, and the same hereby is, reassigned to the Honorable Nicholas J.
Walinski for coordimated or consolidated pretrial proceedings
pursuant to 28 U.S.C. §1407.
8 THE PANEL: :Andrew A. Caffrey
C .. Chairman