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Fulwider Patton LLP Defeats Motion to Transfer

LOS ANGELES (May 2008) Fulwider Patton LLP, one of the oldest and most respected independent intellectual property law firms in Southern California, this week defeated a motion to transfer from the Central District of California in an ongoing patent and trademark infringement lawsuit. Fulwider represents Accentra Inc. and WorkTools Inc. in a patent lawsuit against Staples, Inc. In the lawsuit, the patentee WorkTools, and the licensee/manufacturer Accentra accused Staples of copying the patented features of Accentra’s PAPERPRO® spring-powered desktop staplers, of employing those features in its own spring-powered desktop staplers sold at Staples, and of unauthorized and unfair use of Accentra’s ONE-TOUCH trademark. Prior to filing the lawsuit, Accentra had been supplying Staples with the patented, spring-powered staplers under a private label manufacturing agreement.

Staples, a billion-dollar office supply superstore business, is headquartered in Boston. Staples filed a motion to transfer the lawsuit to Boston based on a forum selection clause in the manufacturing agreement. The court, however, ruled that the forum selection clause did not govern since the manufacturing agreement does not resolve any issue in the lawsuit, and accordingly denied Staples’ motion. Staples then moved the court for reconsideration of its denial, but the court denied Staples’ motion for reconsideration. Needless to say, the clients were very pleased with the outcome.

Leading up the opposition work against Staples’ motion from the Fulwider litigation team were Craig Bailey, James Juo, David Pitman, and Paul Feng. Paul Feng is also responsible for prosecuting the patents-in-suit.