October 23, 2009 20:51 ET

The Hecker Law Group Wins Transfer for Extron Electronics in Crestron Patent Case

LOS ANGELES, CA--(Marketwire - October 23, 2009) - The Hecker Law Group has succeeded on behalf of RGB Systems, Inc. dba Extron Electronics ("Extron") in its motion to transfer venue from Marshall, Texas to Santa Ana, California in a design patent infringement case brought by Crestron Electronics, Inc. ("Crestron").

In July 2009 Crestron filed a complaint in the United States District Court for the Eastern District of Texas against Extron alleging infringement of US Design Patent DE 569,863 entitled "Tabletop Media Center." The patent relates to the ornamental appearance of a media control center. In August 2009 Extron filed a motion with the Texas federal court requesting that the case be transferred to the United States District Court for the Central District of California where Extron is headquartered. In its request, Extron alleged that Crestron's case had nothing to do with Marshall, Texas and that none of the parties, witnesses or evidence were located there. Crestron opposed Extron's request and sought to keep the case in Texas or have it transferred to New Jersey.

The Texas federal court granted Extron's motion and ordered that the case be transferred to California. In the Court's ruling, Judge Ward stated that: "The plaintiff is in New Jersey, the defendant is in the Central District of California, and witnesses are in, inter alia, New Jersey and the Central District of California. Marshall, Texas has no connection to this lawsuit. The Motion, therefore, is GRANTED and this case is transferred to the Central District of California."

Recent appeals court decisions cited by the Texas federal court, (including In re: Volkswagen of America, Inc., 545 F.3d 304 (5th Cir. 2008) (en banc) and In re TS Tech USA Corp., 551 F.3d 1315 (Fed. Cir. 2008), have caused a change in the tide for patent plaintiffs seeking to gain advantage over defendants by suing them in an unrelated and inconvenient distant forum.

"Patent holders have long favored filing patent infringement actions in The Eastern District of Texas because it is a fast-paced forum, a so-called 'rocket docket,'" said Gary Hecker of The Hecker Law Group, lead trial counsel for Extron. "Many of those patent cases have nothing to do with Texas and simply do not belong there. This is one of those cases."

Extron has also countered Crestron's claims, asserting that the Crestron patent is invalid and not infringed. In September 2009 Extron filed a request to have the Patent Office reexamine Crestron's patent. In its detailed request for patent reexamination, Extron alleges that the Crestron patent should not have been granted because there were pre-existing Crestron designs substantially similar to the patented design that were not considered by the Patent Office. A decision on whether the Patent Office will reexamine the patent is expected later this year.

About The Hecker Law Group

The Hecker Law Group is one of the nation's leading intellectual property law firm boutiques. Founded in 1988, the firm's practice focuses on complex technology, internet, and entertainment matters, including patents, trademarks, domain names, copyrights, unfair competition, and trade secrets. The firm's clients past and present include many of the world's leading technology and entertainment companies and leaders in innovation. The firm's litigation group handles matters before Federal and State Courts, the U.S. International Trade Commission, the United States Patent and Trademark Office, and Appellate Courts.