Gesture Technology Partners, LLC v. Apple, Inc.

I. BACKGROUND

Plaintiff Gesture, an Ohio Corporation headquartered in Toledo, Ohio, filed suit on February 4, 2021. See ECF No. 1. Gesture accuses a variety of Apple iPhones and iPads (the “accused products”) of infringing U.S. Patent Nos. 8,194,924 (“the ’924 Patent”), 7,933,431 (“the ’431 Patent”), 8,878,949 (“the ’949 Patent”), and 8,553,079 (“the ’079 Patent”) (collectively, the “Asserted Patents”). See generally, id. The Asserted Patents relate to using cameras and gestures detected by the cameras or other sensors to control functions in the device for different applications. Id. The complaint accused several Apple applications in the Accused Products, including Face ID, QR Scanner, Smart HDR, tracking autofocus, picture face recognition, selfie focus, autofocus area, optical image stabilization, portrait mode, switch control, and Animojis. Id. Apple has moved to transfer venues from the Western District of Texas (the “WDTX”) to the Northern District of California (the “NDCA”). See generally ECF No. 21.

II. LEGAL STANDARD

In patent cases, motions to transfer under 28 U.S.C. § 1404(a) are governed by the law of the regional circuit. In…