Illinois. We find that all of the central facts and circumstances surrounding this patent infringement dispute relate to activities which took place in Massachusetts, not in Illinois. Husky Illinois is not a party to this suit. Nowhere in the complaint does it state that the molds were made, designed or sold in Illinois. The injury set forth in the complaint does not arise out of any business in this district. However, the plaintiffs allege that the Husky company, located in Boston, has made, used, and sold molds for manufacturing flanged objects. Since Husky Boston is a Massachusetts corporation, it is reasonable to assume that the allegedly infringing molds were produced in the manufacturing plant in Massachusetts.
C. Convenience of the Witnesses
We now turn to the convenience of the witnesses. The Court must determine the relative ease of access to sources of proof in each forum. The convenience of the witnesses weighs slightly in favor of defendants. The plaintiffs' main argument is that their witnesses are based in Chicago and if litigation occurs in Massachusetts, great expenses would be incurred in transporting all their witnesses and documents to Boston. Defendants respond by stating that their witnesses are based in Boston and it would be a great inconvenience to litigate the case in Chicago. The most likely indispensable witnesses include Husky's expert witnesses involved in the design of the molds. Defendants assert that these witnesses are residing in the District of Massachusetts since most of the design, manufacture, marketing and distribution of the molds occurred in Massachusetts. On the other hand, the indispensable witness of the plaintiff seems to be the owner of the patent, Von Holdt. Although neither party has made an official list of witnesses, it is evident that defendants have a number of witnesses in the Massachusetts area since one of Husky Canada's three mold-operation locations is in Massachusetts. Plaintiffs assert that the witnesses of the defendants will be predominantly from Chicago, Ontario and Ohio, with maybe one or two from the Boston area. We believe that plaintiffs' predictions about defendants' witnesses carry little if any weight in considering the "convenience to witnesses" factor.
Plaintiffs also conclusorily assert that they cannot bear the full costs of transporting their witnesses to Massachusetts. Plas-Tool is a small, family owned company in the business of making plastic injection molds located in Niles, Illinois. Plas-Tool's principal and only place of business is in Illinois. Plaintiffs argue that their inconvenience is great because, if the case is transferred, Von Holdt and other employees would have to travel to Massachusetts. This would disrupt and harm their small business operations because there are relatively few supervisors and employees. The plaintiffs point to the fact that the inconvenience is greater for them because their annual sales are less than those of the defendants. Plas-Tool's annual sales are $ 3 million while Husky's annual sales are $ 100 million. In this case, however, the annual sales of the parties should not be given great weight. In particular, the Court takes judicial notice that the plaintiffs have, in the past, chosen a distant forum to successfully litigate a related patent infringement case. Von Holdt v. Wentworth Mound & Die Co., Ltd and Philips Industries Limited Partnership et al., 1992 U.S. Dist. LEXIS 19486, No. 89-CV-1209 (N.D. Ohio 1989) (where the '834 patent was found valid and $ 7.14 million dollars was awarded to plaintiff as a result of the patent infringement). This case firmly establishes that plaintiffs' claims of inconvenience are greatly exaggerated.
D. Convenience of the Parties
The next issue we address is the convenience of the parties, which we find weighs heavily in favor of the defendants, Husky Injection Molding Systems, Inc. All of defendants' documents and financial records are located in Massachusetts. Second, defendants assert that all of Husky Boston's products are designed, manufactured and shipped from its regular place of business in Auburn, Massachusetts. Husky Boston is one of the sites where the mold operations takes place. In addition, the employees likely to have knowledge of the facts regarding the defendants' allegedly infringing molds are located in Massachusetts. Husky Illinois only provides sales and services in Illinois. It does not manufacture the molds. Most importantly, unlike Husky Boston, Husky Illinois did not sell the allegedly infringing molds to Philips Container Corporation located in Ohio. Although it would be inconvenient for the plaintiffs to defend the action in Massachusetts, it does not outweigh the inconvenience of the defendants. Plaintiffs only connection with this forum is their residence within this district. While it is evident that plaintiffs' attorneys and the litigation files are located in the same vicinity in Chicago, the convenience to a plaintiff's counsel is not a proper consideration. Hemstreet v. Caere Corp., 1990 U.S. Dist. LEXIS 6782, 1990 WL 77920, *5 (N.D. Ill 1990).
In the final analysis this Court believes that the burden on the plaintiffs would not be great if the case were transferred. Technological advances have substantially reduced the burden of having to litigate in a distant forum. Computers, modems, scanning machines, photocopiers, facsimile machines, video tapes, video discs, CD ROMs and express mail services have changed dramatically how we store, produce and exchange information. These technologies have shortened the time it takes to transfer information, reduced the bulk or size of the documents or things on which the information is recorded and can be transferred, and have lowered the cost of moving that information from one place to another. In today's modern-day world, litigating a case in a distant forum is not an excessive burden, as dramatically evidenced by plaintiffs' prior successful litigation in Ohio.
For the reasons stated above, defendant's motion for a change of venue is granted. Neither the acts of alleged infringement nor the sale of the allegedly infringing molds occurred in this district. The interests of justice require that this case be tried in the forum where the alleged infringement occurred and where Husky Boston's witnesses and employees are located -- the District of Massachusetts.
United States District Judge
June 1, 1995