Proven Networks, LLC v. F5 Networks, Inc.

UNITED STATES JUDICIAL PANEL

on

MULTIDISTRICT LITIGATION

IN RE: PROVEN NETWORKS, LLC, PATENT LITIGATION MDL No. 2959

TRANSFER ORDER

Before the Panel:∗ Accused infringer F5 Networks, Inc., moves under Panel Rule 7.1 to vacate the order conditionally transferring the action on Schedule A to the Western District of Texas for inclusion in MDL No. 2959. Patentholder Proven Networks, LLC, the plaintiff in the action, opposes the motion and supports transfer.

After considering the argument of counsel, we find that this action involves common questions of fact with the actions transferred to MDL No. 2959, and that transfer under 28 U.S.C. § 1407 will serve the convenience of the parties and witnesses and promote the just and efficient conduct of the litigation. Moreover, transfer is warranted for the reasons set out in our order directing centralization. In that order, we held that the Western District of Texas was an appropriate forum for actions involving the alleged infringement of certain patents concerning data networking technology owned by Proven Networks. See In re Proven Networks, LLC, Patent Litig., ___ F. Supp. 3d ___, 2020 WL 5887408 (J.P.M.L. Oct. 1,…