1:84-F-00601•IN RE: Glass Tempering System Patent Litigation
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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
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