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Case 6:14-cv-00752-JRG-JDL
Document 112
Filed 08/31/15
Page 1 of 15 PageID #: 3463
Before the Court is Defendant Apple Inc.'s ("Apple") Motions to Transfer Venue
Pursuant to 28 U.S.C. §1404(a). (6:14-cv-751, Doc. No. 69; 6:14-cv-752, Doc. No. 65.) Plaintiff
Core Wireless Licensing S.a.r.l ("Core Wireless") filed responses (6:14-cv-751, Doc. No. 79;
6:14-cv-752, Doc. No. 78) to which Apple filed replies (6:14-cv-751, Doc. No. 85; 6:14-cv-752,
Doc. No. 86), and Core Wireless filed sur-replies (6:14-cv-751, Doc. No. 92; 6:14-cv-752, Doc.
Page 2 of 15 PageID #: 3464
No. 93). 1
After considering the parties' arguments, the Court GRANTS Apple's Motions to
Transfer Venue (6:14-cv-751, Doc. No. 69; 6:14-cv-752, Doc. No. 65).
Apple further requested an oral hearing on its transfer motions (6:14-cv-751, Doc. No.
69; 6:14-cv-752, Doc. No. 65). Because the Court has made a determination on the submissions,
the request for oral hearing is DENIED.
A. The Present Core Wireless v. Apple Cases
On September 10, 2014, Core Wireless filed two actions in this Court against Apple,
alleging infringement of several U.S. Patents. (6:14-cv-751 ("the -751 case"); 6:14-cv-752 ("the
-752 case").)
Specifically, in the -751 case, Core Wireless alleges infringement of 6 U.S.
Patents, U.S Patent Nos. 5,907,823 ("the '823 Patent"); 7,072,667 ("the '667 Patent"); 7,693,552
("the '552 Patent"); 8,434,020 ("the '020 Patent"); 8,498,671 ("the '671 Patent"); and 8,713,476
("the '476 Patent"). In the -752 case, Core Wireless alleges infringement of 5 additional patents,
U.S. Patent Nos. 5,946,634 ("the '634 Patent"); 6,477,151 ("the '151 Patent"); 6,633,536 ("the
'536 Patent"); 7,782,818 ("the '818 Patent"), and RE44,828 ("the '828 Patent").
Nine months
later, on June 25, 2015, Apple filed the instant motions requesting the cases be transferred to the
Northern District of California ("NDCA"). (6:14-cv-751, Doc. No. 69; 6:14-cv-752, Doc. No.
B. The Prior Core Wireless v. Apple Case
infringement of several U.S. Patents, none of which overlap with the patents being asserted in the
1 Apple filed identical motions to dismiss in both cases the 6:14-cv-751 and 6:14-cv-752 cases. Accordingly, all references and citations herein will be to the documents briefed in the 6:14-cv-751 case, unless otherwise expressly noted.
Page 3 of 15 PageID #: 3465
current actions. (6:12-cv-100.) In addition, in the prior case, Core Wireless asserted a breach of
contract claim related to Apple's membership in ETSI and use of those standards.
Core Wireless asserts this claim against Apple in the -752 case. This Court tried the prior case in
March of 2015 and has since resolved several post-trial motions.
In the prior case, Apple also moved to transfer the case to the Northern District of
California. (6:12-cv-100, Doc. No. 33.) The Court denied Apple's motion because Apple failed
to meet its burden in showing the Northern District of California was a clearly more convenient
forum. (6:12-cv-100, Doc. No. 73.) Specifically, Apple failed to identify any willing witnesses or
individuals who would not be subject to the Court's subpoena power and only stated generalities
about the location of sources of proof, which resulted in the Court being unable to weigh several
factors in its transfer analysis. (6:12-cv-100, Doc. No. 73.)
Apple subsequently filed a petition
for a writ of mandamus on the Court's decision and the Federal Circuit denied that petition,
agreeing that "the evidence before the court was so general in nature that the court was unable to
evaluate its relevance in the transfer analysis." In Re Apple, 743 F.3d 1377, 1379 (Fed. Cir.
C. The Parties
Core Wireless is a corporation duly organized and existing under the laws of the Grand
Duchy of Luxembourg, with a principal place of business at 16, Avenue Pasteur L-2310
(Doc. No. 1, at ¶ 1.) Core Wireless is a wholly-owned subsidiary of Conversant
Intellectual Property Management Inc. ("Conversant IP"), which is a corporation based in
Ottawa, Ontario, Canada. (Doc. No. 78-2, Declaration of Scott W. Burt, at ¶ 2) ("Burt Decl.").)
Conversant IP also maintains a separate wholly owned subsidiary called Conversant Intellectual
Page 4 of 15 PageID #: 3466
Property Management Corp. ("Conversant Texas"), which is a Texas corporation, with a
principal place of business at 5601 Granite Parkway, Suite 1300, in Plano, Texas. Id. at ¶¶ 4,5.
Core Wireless maintains a wholly-owned subsidiary, Core Wireless Licensing Ltd. ("Core
Wireless Texas"), a Texas corporation with a principal place of business in Plano, Texas. Id. at ¶
3. Core Wireless Texas and Conversant Texas share offices. Id. at ¶ 6.
Core Wireless has
invested close to $1 million dollars in developing this office space, which spans over 25,000
useable square feet. Id. at ¶ 10. Core Wireless has one employee who works out of Luxembourg.
Id. at ¶ 7. Since 2009, Conversant has employed Doo Seon Shin who works in Plano, Texas and
lives in Allen, Texas. Id. at ¶ 8. Conversant Texas has "10 employees who all work in Plano and
live in the surrounding area," all of whom work on "patent prosecution, portfolio maintenance,
engineering analysis, due diligence activities, patent acquisition support, licensing support, and
litigation support." Id. at ¶ 9. According to Core Wireless, "at the time these actions were filed,
Core Wireless Texas had eight full-time employees who were part of the patent prosecution
team." Id. at ¶ 13. Core Wireless Texas maintains records totaling 171.6 GB related to the
patents-in-suit in Plano, Texas. Id. at ¶ 14.
Apple is a California corporation with a principal place of business at 1 Infinite Loop,
Cupertino, CA 95014. (Doc. No. 98, at ¶ 2.) Apple maintains source code, and other relevant
documents, for the accused technology "in or near its Cupertino offices." (Doc. No. 69-4,
Declaration of Michael Jaynes, at ¶ 6) ("Jaynes Decl.").) Apple conducts its primary research
and development activities for the accused products in or near Cupertino, California, and
similarly employs its knowledgeable engineers there. Id. at ¶ 7.
Apple maintains business
documents and records relating to research, design, development, marketing and product revenue
Page 5 of 15 PageID #: 3467
in the Cupertino California area. Id. Apple's employees involved in the design and manufacture
of the accused products reside in and around Cupertino, CA. Id. Apple specifically identifies 15
employees, including Mr. Jaynes, who will be likely witnesses and have relevant knowledge. Id.
at ¶ 8. The accused products contain "baseband processors" that are supplied by Intel Corp. and
Qualcomm Inc. Id. at ¶ 5.
Apple operates two retails stores in this District and maintains non-
retail offices in Austin, Texas, Grapevine, Texas, and Houston, Texas. Id. at ¶¶ 9, 11.
Section 1404(a) provides that "[f]or the convenience of the parties and witnesses, in the
interest of justice, a district court may transfer any civil action to any other district or division
where it might have been brought." 28 U.S.C. § 1404(a). The goals of § 1404(a) are to prevent
waste of time, energy, and money, and also to protect litigants, witnesses, and the public against
unnecessary inconvenience and expense.
Van Dusen v. Barrack, 376 U.S. 612, 616 (1964).
Ultimately it is within a district court's sound discretion to transfer venue pursuant to 28 U.S.C.
§ 1404(a), but the court must exercise its discretion in light of the particular circumstances of the
Hanby v. Shell Oil Co., 144 F. Supp. 2d 673, 676 (E.D. Tex. 2001); Mohamed v. Mazda
Corp., 90 F. Supp. 2d 757, 768 (E.D. Tex. 2000).
The party seeking transfer must show good
cause for the transfer. In re Volkswagen of America, Inc., 545 F.3d 304, 315 (5th Cir. 2008) (en
banc) ("Volkswagen II").
To show good cause, the moving party must demonstrate the
transferee venue is clearly more convenient. Id.
When deciding whether to transfer venue, a district court balances the private interests of
the parties and the public interests in the fair and efficient administration of justice. The private
interest factors the court considers are: (1) the relative ease of access to sources of proof; (2) the
Page 6 of 15 PageID #: 3468
availability of compulsory process to secure the attendance of witnesses; (3) the cost of
attendance for willing witnesses; and (4) all other practical problems that make trial of a case
easy, expeditious, and inexpensive.
In re Volkswagen AG, 371 F.3d 201, 203 (5th Cir. 2004)
("Volkswagen I"). The public interest factors are: (1) the administrative difficulties flowing from
court congestion; (2) the local interest in having localized interests decided at home; (3) the
familiarity of the forum with the law that will govern the case; and (4) the avoidance of
unnecessary problems of conflict laws or in the application of foreign law. Id.
The threshold issue in a § 1404(a) analysis is "whether the judicial district to which
transfer is sought would have been a district in which the claim could have been filed."
Volkswagen I, 371 F.3d at 203. In a patent infringement action, venue is proper in "the judicial
district where the defendant resides, or where the defendant has committed acts of infringement
and has a regular and established place of business."
28 U.S.C. § 1400(b).
In this case, Core
Wireless does not contest that Apple conducts business within the Northern District of California
and transfer is permissible under § 1404.
I. The Private Interest Factors
(a) The Relative Ease of Access to Sources of Proof
For this factor to weigh in favor of transfer, the movant must demonstrate that transfer
will result in more convenient access to sources of proof. The Federal Circuit requires the Court
to assume that the bulk of all relevant evidence will come from the accused infringer.
Genentech, 566 F.3d at 1345. As a result, "the place where the defendant's documents are kept
weighs in favor of transfer to that location." Id. (quoting Neil Bros. Ltd. v.
World Wide Lines,
Page 7 of 15 PageID #: 3469
Inc., 425 F. Supp. 2d 325, 330 (E.D.N.Y. 2006)).
To meet its burden, Apple must identify its
sources of proof with some specificity such that the Court may determine whether transfer will
increase the convenience of the parties. In Re Apple, 743 F.3d at 1379; see also Invitrogen v.
Gen. Elec. Co., No. 6:08–CV–113, 2009 WL 331889 at *3 (E.D. Tex. Feb. 9, 2009) (finding that
general statements that relevant documents were located in either England or New Jersey "fail to
show that transfer would make access to sources of proof either more or less convenient for the
Through its declarations, Apple states that the alleged infringing products were designed
and developed in or near Cupertino, California, and the employees responsible for that
development are based in the Cupertino area. (Jaynes Decl. at ¶ 4.) Apple specifically identifies
12 employees who are knowledgeable of certain aspects of the design and development of the
accused products relevant to this litigation. Id. at ¶ 8.
Apple also specifically identifies 2
employees with knowledge about the marketing of the accused devices, and 1 employee with
financial information.
Id. All of these employees are located in the Northern District of
California. Id. As to its documents, Apple contends that the electronic records of this work are
maintained in Cupertino, California, along with business records related to product revenue,
financial documents, relevant patent licenses, and the source code for the accused technology. Id.
at ¶¶ 6-7. Apple also maintains there are several third parties who will have relevant documents
in the Northern District of California. (Doc. No. 69, at 10.)
Core Wireless states that its subsidiary, Core Wireless Texas, maintains records totaling
171.6 GB related to the patents-in-suit in Plano, Texas. (Burt Decl. at ¶ 14.) Core Wireless also
maintains that a separate subsidiary of its parent company has "10 employees who all work in
Page 8 of 15 PageID #: 3470
Plano and live in the surrounding area," all of whom work on "patent prosecution, portfolio
maintenance, engineering analysis, due diligence activities, patent acquisition support, licensing
support, and litigation support" and that its wholly-owned subsidiary has "eight full-time
employees who were part of the patent prosecution team." Id. at ¶¶ 9, 13.
Core Wireless
specifically identifies Mr. Johnson, a prosecuting attorney at Core Wireless, and Mr. Shin, a
patent engineer at Conversant Texas, both of whom have knowledge of the asserted patents.
(Doc. No. 79, at 10.)
Weighing Apple's specific identification of the location of its sources of proof in the
Northern District of California, including specific employees with relevant knowledge and
specific documents, against Core Wireless's general statements about its sources of proof,
including only two specifically identified employees with relevant knowledge located in this
District, the Court finds this factor weighs in favor of transfer.
(b)The Availability of the Compulsory Process to Secure the Attendance of Witnesses
The second private interest factor instructs the Court to consider the availability of
compulsory process to secure the attendance of witnesses, particularly non-party witnesses
whose attendance may need to be secured by a court order. See In re Volkswagen II, 545 F.3d at
316. The Court gives more weight to those specifically identified witnesses and affords less
weight to vague assertions that witnesses are likely located in a particular forum. See Novelpoint
Learning v. Leapfrog Enter., No 6:10-cv-229, 2010 WL 5068146, at *6 (E.D.Tex Dec. 6, 2010)
(stating that the Court will not base its conclusion on unidentified witnesses); See also West
Coast Trends, Inc. v. Ogio Int'l, Inc., No. 6:10-cv-688, 2011 WL 5117850, at *3 (E.D. Tex. Oct.
27, 2011).
Page 9 of 15 PageID #: 3471
Apple identifies 9 potentially relevant third parties located in California: Audience,
Facebook, Google, Intel, Qualcomm, Twitter, Uber, Yahoo!, and Yelp. (Doc. No. 69, at 12.)
Apple further identifies one Qualcomm engineer, Arunava Choudhuri, who is located in San
Diego. Id. at 6. 2
Core Wireless identifies a prosecuting attorney, Shoaib A. Mithani, who is
located in Dallas, Texas, and identifies generally any current or former employee of Cirrus
Logic, a Texas-based third-party supplier of a component of the accused technology, as being
subject to this Court's subpoena power. (Doc. No. 79, at 12.) Apple has submitted an affidavit
from Cirrus Logic's Associate General Counsel attesting that "Cirrus will make available for
trial in [the Northern District of California] any Cirrus-employed witness that Core Wireless can
compel to attend trial in the Eastern District of Texas." (Doc. No. 69-3, Declaration of Michael
Barrett, at ¶ 7) ("Barrett Decl.").) Because Core Wireless has not specifically named any current
or former employees of Cirrus Logic, and Cirrus Logic has not submitted any guarantees from
any specific employees with relevant knowledge, the Court finds any consideration of these
statements would be merely speculative.
Apple has specifically named one potential unwilling witness from Qualcomm who
would be subject to the Northern District of California's trial subpoena power should Apple
show that Mr. Choudhuri would not incur substantial expense in attending trial. Fed. R. Civ. P.
2 Apple also notes that four third-party witnesses from Qualcomm and CETECOM testified via deposition at trial in the prior case. (Doc. No. 69, at 7.) As a preliminary matter, Apple does not state whether these witnesses would also likely be called to testify during deposition or at trial for these actions. Moreover, because the witnesses testified via deposition, none had to be compelled to trial in this District. Apple further does not contend these witnesses would have been called live had that case been tried in the Northern District of California. Ultimately, the course of the prior trial shows that there were no witnesses who needed to be compelled to that trial over whom this Court lacked subpoena power. That is, neither Core Wireless nor Apple called any unwilling witnesses to testify at trial. The Court understands the inherent difficultly in naming witnesses who will need to be called to trial at the time the complaint is filed. For that reason, the Court gives weight to parties' good faith identification of witnesses who are specifically identified by name and location, and for whom parties provide a general statement of the nature of their testimony. However, in the prior case, Apple failed to specifically identify any third party witness who may need to be called. Accordingly, the Court could not weigh that factor, and ultimately, none needed to be compelled to trial.
Page 10 of 15 PageID #: 3472
45(c)(1)(B)(ii). 3 Core Wireless has named one potential unwilling witness, a former prosecuting
attorney located in Dallas, Texas, who would be subject to this Court's absolute subpoena power.
Fed. R. Civ. P. 45(c)(1)(A). 4 Weighing the one third-party witness specifically identified in
California, along with the 9 third parties identified by Apple who may have relevant information
in California, against the one third-party witness in Texas and the speculative statements
regarding the availability of Cirrus Logic's witnesses, the Court finds this factor weighs slightly
in favor of transfer.
(c) The Cost of Attendance for Willing Witnesses
In analyzing this factor, all parties and witnesses must be considered. Volkswagen I, 371
F.3d at 204. "Because it generally becomes more inconvenient and costly for witnesses to attend
trial the further they are away from home, the Fifth Circuit established in Volkswagen I a '100-
mile' rule, which requires that '[w]hen the distance between an existing venue for trial of a
matter and a proposed venue under §1404(a) is more than 100 miles, the factor of inconvenience
to witnesses increases in direct relationship to the additional distance to be traveled.'" In re TS
Tech USA Corp., 551 F.3d 1315, 1320 (Fed. Cir. 2008) (citations omitted).
As discussed, Apple has specifically named 15 employees as willing witnesses with
relevant knowledge of the accused technology/devices who are located in the Northern District
of California. (Jaynes Decl. at ¶ 8.) Core Wireless has specifically identified two employees of
its subsidiary, Mr. Johnson and Mr. Kim, who are located in Plano, Texas, and one employee of
3 As Apple concedes, Mr. Choudhuri is located in San Diego, California (Doc. No. 69, at 6), more than 100 miles outside of the Northern District of California. Accordingly, he could only be compelled to trial under Fed. R. Civ. P. 45(c)(1)(B)(ii), which would require a showing that he "would not incur substantial expense." Fed. R. Civ. P. 45(c)(1)(B)(ii). In its motion, Apple does contend Mr. Choudhuri would not incur substantial expense traveling from San Diego to the Northern District of California because it is "only a 90-minute direct flight away from Qualcomm's San Diego facilities." (Doc. No. 69, at 13.)
4 Because Mr. Mithani is located in Dallas, Texas, and conducts regular business at his law firm, Winstead P.C. (Doc. No. 79-7, at 22), he is within 100 miles of this District, and this Court can compel him to trial if needed. Fed. R. Civ. P. 45(c)(1)(A).
Page 11 of 15 PageID #: 3473
its parent company, Mr. Shin, who is also located in Plano, Texas. (Doc. No. 79, at 13.) Core
Wireless also maintains that to the extent the Cirrus Logic witnesses are willing as Cirrus
Logic's Associate General Counsel has declared, the cost of attendance for those witnesses to
attend trial in this District would be less than the cost to attend trial in the Northern District of
California. Id. at 14.
Trial in this District would be more convenient for Mr. Mithani who is
located in Dallas, Texas, and regularly conducts business within 100 miles of this Court. On the
other hand, trial in the Northern District of California would be more convenient for Mr.
Choudhuri, although he is in San Diego and farther than 100 miles from the Northern District of
Again, the Court affords the most weight to those witnesses who are specifically named.
Here, Apple has identified 15 willing witnesses in the Northern District of California, and Core
Wireless has named three willing witnesses in this District, along with general statements that
the cost of travel would be cheaper for any willing employees from Cirrus Logic. 5
In addition,
there is one third-party witness for whom this District would be more convenient, and one for
whom the Northern District of California would be more convenient.
Court finds this factor weighs in favor of transfer.
(d) Other Practical Problems
(i) Judicial Economy
Thus, on balance, the
Although judicial economy is not among the list of the enumerated factors, it can be a
consideration when determining whether a transfer is in the interest of justice.
Volkswagen II,
5 The Court notes that in the prior case, Apple had failed to specifically identify any willing witnesses, their interest in the litigation, or where they reside. Ultimately, Apple only brought one corporate representative to trial, Frank Casanova. (Doc. No. 69, at 7.) Core Wireless argues that this did not inconvenience Apple. (Doc. No. 79, at 14.) While the Court agrees with Core Wireless that a single Apple witnesses traveling from the Northern District of California to this District for trial was not an inconvenience, the Court here has no reason to discount the individuals named by Apple and there is nothing in Federal Circuit jurisprudence that would instruct this Court to do so.
Page 12 of 15 PageID #: 3474
565 F.2d at 1351.
Core Wireless contends that judicial efficiency weighs against transfer
because there are currently four related cases involving ten overlapping patents, which have been
consolidated for claim construction purposes in this District.
(Doc. No. 79, at 8.) This Court is
aware that the instant actions and two additional actions in the Marshall Division (2:14-cv-911
and 2:14-cv-912) are set to go to claim construction in Marshall before Judge Payne on
September 2 and 3, 2015.
Considering that claim construction briefing has completed and the
claim construction proceedings will share a single technical advisor, the Court recognizes the
inefficiency that will ultimately be had by transferring these cases. This inefficiency was
certainly not helped by Apple waiting for over 9 months from the onset of these actions to file its
transfer motions. Nonetheless, this Court must recognize that for purposes of judicial economy,
the relevant inquiry is what benefits existed at the time these cases were filed. See In re EMC
Corp., 2013 WL 324154, at *2 ("a district court may properly consider any judicial economy
benefits which would have been apparent at the time the suit was filed"). Indeed, the two related
cases in Marshall were not filed until 16 days after the instant actions were filed.
Neither Core Wireless nor Apple maintains that any judicial economy benefit would be
retained from this Court having previously tried a case between the parties, other than reference
to a related breach of contract claim by Core Wireless. 6 (Doc. No. 79, at 8.) Apple maintains that
this factor favors transfer to the Northern District of California, but gives absolutely no reason
what judicial efficiency exists for this case being in California, and instead simply asserts that
transfer would not be wasteful. This Court sees no gain in judicial economy benefits that would
6 While the Court is not considering circumstances that existed after the filing of the complaint, it is worthwhile to note that since the transfer briefing in these cases was submitted, Judge Gilstrap has dismissed Core Wireless's contract claims as to its patent portfolio thereby removing consideration of that claim in 6:14-cv-752. (6:12-cv-100, Doc. No. 466.)
Page 13 of 15 PageID #: 3475
come from transferring these cases to the Northern District of California. Accordingly, the Court
finds this factor is neutral.
II. The Public Interest Factors
The parties agree that the public interest factors are neutral, aside from the administrative
difficulties flowing from court congestion and local interest considerations.
(a) The Administrative Difficulties Flowing From Court Congestion
This factor is the most speculative, and cannot alone outweigh other factors. Genentech,
566 F.3d at 1347. However, the speed with which a case may get to trial is relevant under the §
1404(a) analysis.
Apple contends that this factor weighs in favor of transfer because the
number of new patent cases filed in this District is nearly six times greater than the total number
of patent cases filed in the Northern District of California. (Doc. No. 69, at 15.) Core Wireless
contends that this factor weighs against transfer because these cases are already scheduled for
trial in May 2016 and generally the average time to trial in this District is less than the Northern
District of California. (Doc. No. 79, at 14-15.)
The Court declines to afford any weight to
Apple's argument regarding this District having six times as many patent cases as the Northern
District of California. Considering
only the number of patent cases in a particular district to
determine how fast a particular case will move to trial would be highly speculative. Similarly, as
the Court has repeatedly found in the past, the Core Wireless's reliance on general civil statistics
provides the Court with little guidance as to the speed with which patent cases reach trial. See
West Coast Trends, Inc., No. 6:10-cv-688, 2011 WL 5117850, at *4 (E.D. Tex., Oct. 27, 2011)
("[a]s is common with this factor, the parties cite to incongruous statistics which prevents the
Page 14 of 15 PageID #: 3476
Court from drawing a meaningful conclusion as to court congestion."). Accordingly, due to its
speculative nature, the Court finds this factor neutral.
(b) The Local Interest in Having Localized Interests Decided at Home
Apple contends that the Northern District of California has a local interest in this case
because the accused products were designed and developed there. (Doc. No. 69, at 14.) Core
Wireless maintains that this District has a local interest in these actions because its parent
company has maintained a subsidiary in this District for more than four years. (Doc. No. 79, at
This District has at least some local interest as Core Wireless has been growing and
developing its business over the past several years in this District, and employs several
individuals in this District through its parent company and its affiliates.
Ultimately, because
Apple has identified several individuals who were involved in the development of the accused
development occurred, the Court finds that the Northern District of California has a greater local
interest in the outcome of the litigation. See Hoffman-La Roche, 587 F.3d at 1336 ("[L]ocal
interest in this case remains strong because the cause of action calls into question the work and
reputation of several individuals residing in or near that district and who presumably conduct
business in that community."); Eon Corp. IP Holdings, LLC v. Sensus, USA Inc., No. 2:10-cv-
448, 2012 WL 122562, at *5 (E.D. Tex. Jan. 9, 2012). Accordingly, this factor weighs slightly in
favor of transfer.
(c) The Remaining Public Interest Factors
The remaining public interest factors are neutral.
patent law and there are no conflicts to avoid.
Both courts are familiar with federal
Page 15 of 15 PageID #: 3477
For the aforementioned reasons, the Court finds that the Northern District of California is
a clearly more convenient forum. Here, the location of sources of proof and the costs of willing
witnesses weighed in favor of transfer, and the availability of the compulsory process and the
local interests weighed slightly in favor of transfer. The benefits of judicial economy, along with
all other factors, were neutral. Accordingly, on balance, the Court finds transfer appropriate and
therefore GRANTS Apple's motions to transfer (6:14-cv-751, Doc. No. 69; 6:14-cv-752, Doc.
No. 65). In addition, Apple's request for oral hearing is DENIED.
Finally, although the parties' underlying briefing on transfer has been filed under seal, the
Court sees no basis for this Order to remain under seal. Within 7 days the parties shall file any
and all objections to this Order being unsealed. Absent any objections or further Order from the
Court, the Clerk's office is directed to unseal this Order 7 days from the issuance of this Order.
So ORDERED and SIGNED this 31st day of August, 2015.


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My Blog
Posts for tag: root canal treatment
You might be a bit apprehensive if your dentist recommends a root canal treatment, especially if it's your first. That's understandable: Popular culture has portrayed the root canal as an unpleasant experience.
But as a routine dental procedure, root canal treatments have been responsible for saving millions of decayed teeth. And, with local anesthesia, the procedure is painless. In fact, a root canal treatment stops pain that often results from advanced tooth decay.
So, let's take the mystery out of the root canal. Here's the 411 on this vital but often misunderstood dental procedure.
Why the name "root canal"? The terms for the procedure—root canal therapy, root canal treatment or simply "root canal"—arise from one of the principal parts of the tooth involved, root canals. These are tiny passageways that lead from the tooth's innermost layer, the pulp, to the tooth roots. While treatment often focuses on decay or diseased tissue within the pulp, the root canals can be infected too and must be included in the later filling process.
Who can perform a root canal? All general dentists are trained in basic root canal procedures. Depending on your tooth's condition, your family dentist may be able to perform it. But if your tooth has an intricate root canal network or some other complication, you may need an endodontist, a specialist in interior tooth and root treatments. Endodontists can perform advanced root canal techniques and have the specialized equipment to handle intricate cases.
What happens during a root canal? Although details may vary depending on the type of tooth and extent of decay, there's a basic process for all root canal procedures. After numbing the tooth and surrounding tissues, the dentist drills into the tooth to access the inner pulp chamber and root canals, then removes the diseased tissue and disinfects the empty chamber and canals. After preparing the canals, the dentist then fills the empty spaces. This, and subsequent sealing and crowning, protects the tooth from future decay.
After the procedure you may have some minor soreness for a few days, which is usually manageable with mild pain relievers like ibuprofen or acetaminophen. This discomfort will diminish with time, and your tooth will have a new lease on life.
If you would like more information on root canal treatment, please contact us or schedule an appointment for a consultation. You can also learn more about this topic by reading the Dear Doctor magazine article "Root Canal Treatment."
It's not an exaggeration to say the modern root canal treatment has saved millions of teeth over the last century. Without this procedure, there's not a lot we can do to stop advanced tooth decay from infecting and destroying a tooth.
What's more, a root canal treatment could extend the life of a tooth for decades. Notice we said could—although most root canals do have satisfactory outcomes, there's still a chance a tooth may become re-infected. Here are 3 possible causes for an unsuccessful root canal treatment, and what you can do to lessen their impact.
The severity of the infection. Tooth decay usually begins at the enamel layer, softened by the acid produced by bacteria. Untreated, the infection can then spread through the next tooth layer of dentin until finally infecting the innermost pulp. From there the infection can move through the root canals to the bone, dramatically increasing the danger to the tooth. Root canal treatments have a higher chance of success the earlier they're performed in the disease progression, so see your dentist at the first sign of pain or other tooth abnormality.
The root canal network. An effective root canal procedure eliminates all dead or diseased tissue in both the pulp chamber and the root canals (these are then filled to prevent future infection). But this may prove difficult with teeth that have intricate root canal networks because of a higher risk of overlooking some of the canals. It may be best in such cases for an endodontist, a specialist in treating interior tooth issues, to perform the procedure using their advanced techniques and microscopic equipment.
The age of the tooth. Root canal treatment can weaken a tooth's structural integrity, especially with older teeth. This can make them more susceptible to fracture and a higher chance of infection. We can avoid this outcome by placing crowns on root-canaled teeth: The crown provides structural strength to the tooth and can add further protection against infection. Older teeth may also benefit from the placement of a small support post within it to further add stability before applying the crown.
If you would like more information on root canal treatment, please contact us or schedule an appointment for a consultation. You can also learn more about this topic by reading the Dear Doctor magazine article "Root Canal Treatment: How Long Will It last?"
You've recently learned one of your teeth needs a root canal treatment. It's absolutely necessary: for example, if you have decay present, it will continue to go deeper within the tooth and it will spread to the roots and bone and could ultimately cause you to lose your tooth. Although you're a little nervous, we can assure you that if we've recommended a root canal treatment, it's the right step to take for your dental health.
There's nothing mysterious — or ominous — about a root canal. To help ease any fears you may have, here's a step-by-step description of the procedure.
Step 1: Preparing your mouth and tooth. We first take care of one of the biggest misconceptions about root canals: that they're painful. We completely numb the tooth and surrounding tissues with local anesthesia to ensure you will be comfortable during the procedure. We isolate the affected tooth with a thin sheet of rubber or vinyl called a rubber dam to create a sterile environment while we work on the tooth. We then access the inside of the tooth — the pulp and root canals — by drilling a small hole through the biting surface if it's a back tooth or through the rear surface if it's in the front.
Step 2: Cleaning, shaping and filling the tooth. Once we've gained access we'll clear out all of the dead or dying tissue from the pulp and root canals, and then cleanse the empty chamber and canals thoroughly with antiseptic and antibacterial solutions. Once we've cleaned everything out, we'll shape the walls of the tiny root canals to better accommodate a filling material called gutta-percha, which we then use to fill the canals and pulp chamber.
Step 3: Sealing the tooth from re-infection. Once we complete the filling, we'll seal the access hole and temporarily close the tooth with another filling. Later, we'll install a permanent crown that will give the tooth extra protection against another infection, as well as restore the tooth's appearance.
You may experience some mild discomfort for a few days after a root canal, which is usually manageable with aspirin or ibuprofen. In a week or so, you'll hardly notice anything — and the tooth-threatening decay and any toothache it may have caused will be a distant memory.
If you would like more information on root canal treatments, please contact us or schedule an appointment for a consultation. You can also learn more about this topic by reading the Dear Doctor magazine article "A Step-by-Step Guide to Root Canal Treatment."
Primary (baby) teeth don't last long. But despite their short life span, they do a number of important things, like enabling a child to eat solid food. But perhaps their most important long-term function is "paving" the way for their permanent replacements.
If one is lost prematurely, though, the permanent tooth might not come in properly aligned. That's why if a primary tooth is in danger of loss due to decay or injury, we'll do our best to save it.
But that could get a little tricky if the infected or damaged part of the tooth is the innermost pulp. If it were an adult tooth, the best course might be a root canal treatment: access the pulp, clear out the diseased tissue, and then fill the space with a special filling. But with a primary tooth (or a young permanent tooth for that matter) that may not be advisable.
That's because the pulp plays a more important role in a child's tooth than an adult's. Its nerves and other tissues stimulate dentin growth; a full root canal could disrupt that growth and weaken the tooth in the long run.
With a child's tooth, we proceed carefully depending on how infected or damaged the pulp might be. If it's only slightly exposed or not at all, we try then to remove as much decayed tooth material outside the pulp as necessary, then apply antibacterial agents or dentin growth stimulators.
If we do have pulp exposure, we'll try to remove only as much of the affected pulp as necessary through a procedure called a pulpotomy. This technique will only be used if the remaining pulp looks healthy or restorable to health.
If not, we may need to perform a pulpectomy to remove the entire pulp. Most like a typical root canal, it's a last resort: without the pulp, dentin growth could be stunted and the tooth won't develop as healthy as it should.
Of course, the best approach is to prevent teeth from developing such problems in the first place. So, be sure to practice effective daily hygiene with your child and keep up regular dental visits beginning at age one.
If you would like more information on treating decayed primary teeth, please contact us or schedule an appointment for a consultation. You can also learn more about this topic by reading the Dear Doctor magazine article "Root Canal Treatment for Children's Teeth."
You depend on your family dentist for most of your oral care. There are some situations, though, that are best handled by a specialist. If you or a family member has a deeply decayed tooth, for example, it might be in your long-term interest to see an endodontist.
From the Greek words, endo ("within") and odont ("tooth"), endodontics focuses on dental care involving a tooth's interior layers, including the pulp, root canals and roots. While general dentists can treat many endodontic problems, an endodontist has the advanced equipment and techniques to handle more complex cases.
The majority of an endodontist's work involves teeth inwardly affected by tooth decay. The infection has moved beyond the initial cavity created in the enamel and dentin layers and advanced into the pulp and root canals. The roots and underlying bone are in danger of infection, which can endanger the tooth's survival.
The most common treatment is root canal therapy, in which all of the infected tissue is removed from the pulp and root canals. Afterward, the empty spaces are filled and the tooth is sealed and crowned to prevent future infection. General dentists can perform this treatment, primarily with teeth having a single root and less intricate root canal networks. But teeth with multiple roots are a more challenging root canal procedure.
Teeth with multiple roots may have several root canals needing treatment, many of which can be quite small. An endodontist uses a surgical microscope and other specialized equipment, as well as advanced techniques, to ensure all of these inner passageways are disinfected and filled. Additionally, an endodontist is often preferred for previously root-canaled teeth that have been re-infected or conditions that can't be addressed by a traditional root canal procedure.
While your dentist may refer you to an endodontist for a problem tooth, you don't have to wait. You can make an appointment if you think your condition warrants it. Check out the American Association of Endodontists webpage www.aae.org/find for a list of endodontists in your area.
Advanced tooth decay can put your dental health at risk. But an endodontist might be the best choice to overcome that threat and save your tooth.
If you would like more information on endodontic dentistry, please contact us or schedule an appointment for a consultation. You can also learn more about this topic by reading the Dear Doctor magazine article "Why See an Endodontist?"

subset: commoncrawl


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SendStation Systems today announced a new member to its popular PocketDock line of iPod adaptors: The PocketDock AV. The ultra-compact, thumb-sized iPod adapter provides connections for USB, line out audio, as well a both composite and S-Video, allowing you to sync and charge, attach your iPod to your home stereo, and output iPod videos in high-quality on TVs or projectors. The package includes a 4-in-1 cable for USB and AV connections, reducing the cable clutter mobile users are faced with. The PocketDock AV comes in black and is designed to work with most iPod cases. The PocketDock AV is scheduled for release in early April 2007 at a retail price of US$36.95.
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It's no fun being left behind.
No doubt that's how many of us here in Hamilton are feeling about news that most of Ontario will move into Phase 2 of pandemic reopening this Friday. But not us. And not Halton. And not Niagara or Haldimand-Norfolk.
No one can blame us for feeling a bit like kids left off the baseball team, like people being unfairly held back while others move forward. This is especially likely to be true if you work in one of the areas still locked down — restaurants, hair salons, group activities for kids being examples.
To be clear, we have nothing but empathy for those people hit hardest by this delay. The idea that your hair salon is still sitting empty, your restaurant is idle, stings even more with the knowledge that similar businesses in Waterloo Region or in the northern part of the province will be reopening Friday.
But let's try to see this from another perspective. Prior to the government's announcement this week, much of the rest of the province was becoming increasingly frustrated being held back even though COVID-19 isn't the risk it is in the GTA and Golden Horseshoe. Why, they were asking through their MPPs and the media, are we still locked down when the our areas are comparatively safe. And why do we have to suffer for Toronto's problems?
That sort of complaint is what led the Ford government, in concert with provincial health authorities, to decide on a "regional" approach to reopening. Meaning areas that have less of or no problem with the pandemic can reopen more quickly than those that do. That's pretty hard to argue with.
No, it's no perfect. For one thing it raises the prospect of people from locked down regions, say here, sneaking off for patio beers and haircuts, say in Kitchener-Waterloo-Cambridge or Brantford. That's understandable but not ideal if the concern is that we could be more likely to spread COVID-19.
And that, really, is what this comes down to. Hamilton is still in Phase 1 because we still have too much untraceable community spread. As reported by The Spec's Joanna Frketich: "A key measure of Ontario's reopening framework is a decrease in the number of COVID-19 cases that cannot be traced back to a source. In the last 10 days, only 48 per cent of Hamilton's cases could be traced back to a contact." In other words, the majority of Hamilton's recent cases cannot be traced to contacts. We don't know where those people got infected. Not knowing where they got infected means we don't have a handle on the spread of the virus.
Quite simply, we are not ready for Phase 2. What can we do, aside from feel increasingly frustrated?
We can remain vigilant about distancing, especially when the five-person limit increases to 10 this week. We can wear masks where appropriate. We originally suffered from mixed messaging around masks, but recently health authorities in Canada and the U.S. have said wearing non-medical masks, along with physical distancing measures and hand hygiene, could limit transmission of the virus.
In other words, we should keep doing what we have been doing. And if we have been slacking, due to pandemic fatigue or some other reason, we should stop slacking off.
We don't have total control of when Hamilton will join those jurisdictions soon to be enjoying Phase 2. But we do have some control. We have seen from this pandemic experience that our collective behaviour can and does have an impact on COVID-19's trajectory. If a critical mass of citizens pushes hard against the curve, we can flatten it at least enough to have our lives back, to a point. If we choose to be cavalier with public health, we have only ourselves to blame.


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107.8 Radio Jackie - Bulletins aired each hour
Wednesday, 7 August 2013
Police are appealing for help after a robbery in Croydon
Police are appealing for information following a robbery in Croydon.
A 30-year-old woman had her mobile stolen on Saturday 27th April in Norbury Avenue.
Officers are urging members of the public to identify pictures of two men in connection with the incident.
If you have any information regarding their identities call Crimestoppers on 0800 555 111.
posted by Radio Jackie News Team @ 2:03 pm
Top of Radio Jackie News page here.
of many reasons why we are so useful to South West London...
our very own news team bringing you stories that are relevant to you
and your area.
If you have a press release
or would like to send in news then pop off an e-mail to [email protected]
Follow Jackie News at twitter.com/jackie_news.


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Is that normal?
Nonetheless a very happy Eid to all Muslims celebrating across the globe & each & everyone celebrating with us!
Be kind, give Love, unconditional Love! ❤❤❤❤❤✨🙏🏻🧿
— MAWRA HOCANE (Hussain) (@MawraHocane) August 1, 2020
Meta Urdu News: This news section is a part of the largest Urdu News aggregator
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Pandemic-led slowdown holds back Nigerian LNG deliveries
Ships laden with liquefied natural gas cargoes from Nigeria have taken weeks more to land in Europe as demand dries up. India and Bangladesh, however, appear to have made use of this window to take in any distressed or stranded cargoes
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å Everyday UX º Download by ✓ Luke Chambers
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People get into UX from different backgrounds Cognitive Psychology, Business Analysis, Technology , Design the list is growing Each story in this book about how th


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Director: Gavin Rothery
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When George loses his wife, he creates a AI prototype with human-equivalent features. He fights against time as he tries to keep his most precious secret a secret, in his hopes to be reconnected with his deceased wife.
Release Date: 07/10/2020


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Safety Difficulties With Haitian Dating
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The small and isolated city of Anse-a-Pitre, positioned at Haiti's most southern border crossing with the Dominican Republic, has suffered largely beneath the radar of the worldwide community. Although the neighborhood's modest, one-room homes and faculties all stay standing, a population inflow measuring in the 1000's – mixed with safety pressures on the border – is breaking the again of families' capability to manage.
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REZ PLZ is a platform puzzle game set in a fantastic world, in which we play the role of two brothers ready to travel deep into the treacherous land in order to destroy five evil mages who rule it.
developer: Long Neck Games
publisher: Graffiti Games
Game mode: single / multiplayer
Multiplayer mode: common screen, players: 1-2
REZ PLZ is a logic platformer, in which players take on the role of one of the wizard brothers having the power of resurrection and set out to help the land in which evil has taken root. The main attraction is a two-player co-op mode. Long Neck Games is responsible for the title.
Dark Arcanum is a place ruled by five evil mages. Two brothers, Arcan and Zeph, decide to face them, but their journey is full of dangers that could end in a tragic death. But they have a powerful resurrection spell scroll, so they don't really care about monsters or traps, as they can always resurrect each other. The adventure can continue when at least one of them remains alive.
REZ PLZ is a logic platformer observed from the side, in which we play the role of two mages. The game is reminiscent of Trine, but here we experience much more death and in a much more brutal form. Especially since death is an indispensable part of the game and many puzzles require us to sacrifice one of the brothers in order to continue the journey. We will be burned alive, dismembered, crushed, devoured by beasts and experience many other types of death. Fortunately we have the aforementioned resurrection scroll, so that the death of one of the brothers is only temporary.
As the game progresses, the brothers gradually acquire new powers and spells to solve increasingly difficult puzzles, allowing them to reach further in the Dark Arcanum. The land is divided into five different biomes filled with unique traps and monsters, and at the end of each an evil magician is waiting to be confronted. And when we're done playing, we can sit back and try the additional modes we've unlocked. An example of one of them is the possibility to race against another player.
During the game we find various cosmetic accessories, thanks to which we will adjust the appearance of our hero according to our tastes.
The game is aimed at cooperation for two players, but it is not obligatory and the game can be played in single-player mode as well.
Technical aspects
REZ PLZ features pixel-art visuals, and the appearance of the characters is clearly inspired by Japanese productions.
Similar games:
Age Rating
age requirements: 16+
System requirements
PC / Windows
Recommended: Intel Dual Core i5, 4 GB RAM, graphic card 1 GB GeForce GTX 460 or better, 3 GB HDD, Windows 10
Minimum: Dual Core, 2 GB RAM, graphic card 512 MB GeForce 8800 or better, 3 GB HDD, Windows XP