Judge Stark Finds Temporary Sales Representatives Do Not Create a Regular and Established Place of Business for Purposes of Venue

By: Scott W. Doyle, Jonathan R. DeFosse, Robert M. Masters, Arvind Iyengar

On September 11, 2017, Judge Stark (D. Del.) granted the defendants' motion to transfer venue in Boston Scientific Corp. v. Cook Group Inc., C.A. No. 15-980-LPS-CJB (D. Del. Sept. 11, 2017). The court first held that defendants Cook Group Inc. and Cook Medical LLC had not waived their opportunity to move for transfer. The court went on to find that the defendants did not maintain a regular and established place of business in Delaware. Consequently, the court granted the motion to transfer the case to the Southern District of Indiana. The 34-page opinion also laid out a summary of the status of the law in the wake of the Supreme Court's TC Heartland opinion.

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