Grant of Motion to Transfer Could Prevent Development of Patent Cottage Industry in Arkansas

Press Release

May 27, 2010: Judge Brian S. Miller has granted a motion to transfer the Shared Memory Graphics v. Apple et al. patent infringement case from the Western District of Arkansas to the Northern District of California. The case, brought against Sony and others by Acacia subsidiary company, Shared Memory Graphics, involves infringement claims related to two patents.

When some of the defendants moved to transfer the case to the Northern District of California, the plaintiff argued that Court should deny the motion because Sony and the other defendants, among other things, sold a great many allegedly infringing products to Walmart, which is headquartered in Bentonville, Arkansas. The moving defendants argued that sales to a national retailer like Walmart should not weigh against transfer of the case to a more convenient forum. Judge Miller agreed with the moving defendants and, in doing so, may have stopped a patent infringement cottage industry from developing in Arkansas.

Sony was represented by Kenyon & Kenyon LLP partners Richard Gresalfi, Michelle Carniaux, Lewis Popovski, and associates Mira Martinez, Matthew Faust and Jeong-Ah Joy Lee.

About Kenyon & Kenyon LLP

Kenyon & Kenyon is consistently ranked by peers and in-house counsel as one of the top firms for intellectual property law. Since its founding in 1879, the firm has provided its worldwide clientele with litigation, prosecution, licensing and counseling services. Large and small enterprises and individuals choose Kenyon to design and implement intellectual property strategies when it matters most. The firm has offices in New York, Washington, DC, and Silicon Valley.