Today Judge Andrews issued a memorandum order addressing a motion to dismiss in Metrom Rail, LLC v. Siemens Mobility, Inc., C.A. No. 22-49-RGA (D. Del.). He denied the motion (noting that "Allegations of direct infringement do not require much"), but questioned why the patent action was filed in Delaware at all:
The Court cannot help but note that it appears that the case should be transferred to the Southern District of New York, which would clearly have a much greater interest in a case that is all about the New York MTA [the Metropolitan Transportation Authority], its bid processes, and Plaintiff's allegations of nefariousness in connection with the same. Perhaps there is some reason why the case could not have been brought there.
He directed any party opposing transfer to file a brief within two weeks:
Within two weeks, any party opposed to a transfer to the Southern District should file a brief explaining why such transfer is either impermissible, or, if permissible, why the case should nevertheless not be transferred.
This is interesting. Not only is it sua sponte, but both companies involved are alleged to be Delaware corporations, with plaintiff based in Illinois, and defendant headquartered in Munich, Germany. See D.I. 1 at ¶ 2, 5. According to Wikipedia, however, defendant may have a physical location in New York City, suggesting that venue is likely proper there.
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