In re Nidek Excimer Laser Surgery Sys. Patent & Antitrust Litig.

Opinion

TRANSFER ORDER

This litigation presently consists of six actions in the following federal districts: two actions in the Northern District of California and one action each in the Central District of California, Southern District of California, Eastern District of Michigan and Northern District of Ohio. Before the Panel is a motion by Nidek ¹ along with four different groups of Nidek's ophthalmologist customers in the actions before the Panel to centralize these actions, pursuant to 28 U.S.C. § 1407, for coordinated or consolidated pretrial proceedings in the Northern District of California or, alternatively, the Central District of California. VISX, Inc. (VISX) opposes the motion. If the Panel deems centralization appropriate, VISX suggests either the Eastern District of Michigan or the Northern District of Ohio as transferee district.

 [*2]  On the basis of the papers filed and the hearing held, the Panel finds that the actions in this litigation involve common questions of fact concerning whether the Nidek EC-5000, either through its manufacture or use, infringes various VISX patents. Centralization under Section 1407 in the Northern District of California will serve the convenience of the parties and witnesses and promote the just and efficient conduct of this litigation, while accordingly being necessary in order to avoid duplication of discovery, prevent inconsistent pretrial rulings, and conserve the resources of the parties, their counsel and the judiciary.

We are persuaded that the Northern District of California is the most appropriate transferee forum for this litigation. We note that i) two of the six actions before the Panel are pending there; ii) one of these Northern California actions is the most comprehensive action before the Panel; and iii) documents and witnesses will likely be found within the Northern California district at Nidek's and VISX's principal places of business.

IT IS THEREFORE ORDERED that, pursuant to 28 U.S.C. § 1407, the actions listed on the attached Schedule [*3]  A and pending outside the Northern District of California be, and the same hereby are, transferred to the Northern District of California and, with the consent of that court, assigned to the Honorable Charles R. Breyer for coordinated or consolidated pretrial proceedings with the actions pending there and listed on Schedule A.

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