IN RE: Prince Tennis Racket Patent Litigation

Case MDL No. 463 Document 2 Filed 05/19/15 Page 1 of 2
SEDGE PT it ;
: MULYIST Tm . } Ca
DOCKET NO. 463 I~ i Lo
BEFORE THE JUDICIAL PANEL ON MULTIDISTRICT LITIGABLGN., . yruwes [—"
CLERK	UF THEPAMEL iE
IN RE PRINCE TENNIS RACKET PATENT LITIGATION ‘ a
ORDER DENYING TRANSFER%*
Presently before the Panel is a motion, pursuant to
28 U.S.C. §1407, brought by Prince Manufacturing, Inc., IEEE
plaintiff in two of the actions listed on the attached Schedule Co
A and defendant in the remaining action, for transfer of oe
the action pending in the Southern District of Florida and Cn
the action pending in the Central District of California : CL
to the District of South Carolina for coordinated or consoli-
dated pretrial proceedings with the action pending there.
On the basis of the papers filed and the hearing held,
we find that Section 1407 transfer would neither serve the Lo : :
convenience of the parties and witnesses nor further the EIT
just and efficient conduct of the litigation. Given the :
minimal number of actions before us, movant has failed to CL oo
persuade us that any common questions of fact involved in :
these actions are sufficiently complex, and that the accompanying
discovery will be so time-consuming, as to justify Section :
1407 transfer. See In re Scotch Whiskey Antitrust Litigation,
299 F. Supp. 543, 544 (J.P.M.L. 1969). We note that suitable
alternatives to transfer exist in order to minimize the Ce
possibility of duplicative discovery and/or conflicting
pretrial rulings. See, e.g., In re Eli Lilly and Company
(Cephalexin Monohydrate) Patent Litigation, 446 F. Supp.
242, 244 (J.P.M.L. 1978). See also Manual for Complex
Litigation, Parts I and II, §§3.11 (rev. ed. 1977). oo
IT IS THEREFORE ORDERED that the motion for transfer : ET
pursuant to 28 U.S.C. §1407 be, and the same hereby is, 7
DENIED. CL .. Co
FOR THE PANEL:
Andrew A. z. Gof 7 cL :Chairman
* Judge Fred Daugherty took no part in the decision of Ce
this matter.

- - Case MDL No. 463 Document 2 Filed 05/19/15 Page 2 of 2
é SCHEDULE A
MDL-463_	-- In re Prince Tennis Racket Patent Litigation :
District of South Carolina
Prince Manufacturing, Inc. v. A. P. Mixon, et al., .
’ C.A. No. 80-1338-3
Southern District of Florida
Prince Manufacturing, Inc. v. Lombard's Sports Shop,
Inc., et al., C.A. No. 80-3073-Civ-WMH
Central District ofCalifornia
Racquetech Co., Inc. v. Prince Manufacturing, Inc.,
C.A. No. CV81-74-CBM(Kx) :