UMBRA Technologies Ltd. (UK) v. VMware, Inc.

I. BACKGROUND

UMBRA filed its complaint on August 2, 2023. (Compl., Dkt. 1). UMBRA alleges that VMware’s VMware NSX, VMware SD-WAN, VMware vSphere, and VMware Horizon products infringe four of its patents: U.S. Patent Nos. 10,574,482; 10,630,505; 11,108,595; and 11,146,632. (Id.). VMware filed a motion to dismiss on October 13, 2023. (Mot. Dismiss, Dkt. 21). Two weeks later, on October 27, 2023, VMware filed an opposed motion to transfer, arguing that this Court should transfer the case to the Northern District of California (the “NDCA”). (Mot., Dkt. 23). VMware argues that its relevant witnesses and evidence are located in the NDCA, where it is headquartered, as are relevant third parties. (Id. at 1). VMware also notes that none of the UMBRA entities has any connection to this district and contends that no relevant witnesses or evidence are located in this district. (Id.). Finally, VMware contends that the public interest factors weigh in favor of transfer, because there is a local interest in having VMware’s products adjudicated in the place where they are developed: the NDCA. (Id. at 12–13).

II. LEGAL STANDARD

Section 1404 provides that “[f]or the convenience of parties and…