The U.S. District Court for the District of Delaware has granted 3M Co.’s motion to transfer a patent lawsuit to federal court in Minnesota. The court held that 3M’s decision to file a declaratory judgment in Minnesota pre-empted an infringement action filed by the plaintiff, Ivoclar Vivadent AG, in Delaware under the first-filed rule.
Ivoclar is a dental products company headquartered and incorporated in Liechtenstein. The company markets its products in the United States through its local subsidiary, Ivoclar Vivadent Inc., which is headquartered in Amherst, N.Y., and incorporated in Delaware, referred to as Ivoclar US in the opinion. In 1997, Ivoclar filed a patent in the United States for a new method of filing cavities in teeth with a nanoparticle compound, according to court documents. The patent was issued as U.S. Patent No. 5,936,006 and referred to as the ’006 patent in the court’s opinion.
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