However, arguments raised for the first time in reply are forfeited. CSR Technology, Inc. v. Bandspeed, Inc., 2012 WL 1150863, *5 (D. Ariz. 2012) (finding that a constitutional due process claim raised for the first time in reply was waived).
Finally, as Finjan notes, Sophos generally relies on case law in which both sides had pending litigation in the transferee court. See Bristol-Myers Squibb Co. v. Genentech, No. 13-cv-2045-SI, 2013 WL 3829599 (N.D. Cal. June 23, 2013); Alere Med. Inc. v. Health Hero Network, Inc., No. 07-cv-05054-CRB, 2007 WL 4351019 (N.D. Cal. Dec. 12, 2007); CSR Tech., Inc. v. Bandspeed, Inc., No. 11-cv-1948, 2012 WL 1150863 (D. Ariz. Apr. 5, 2012). These cases are different from the present claim because all of Finjan's actions in Delaware are closed (with one on appeal), which removes the risk of duplication or conflicting decisions.
There is no dispute that emulators involve complex technology. An understanding of the way in which the system as a whole works and/or an understanding of its individual circuits will be of considerable assistance to the Oregon court with respect to its understanding of the software that modifies the design of that system, see CSR Tech., Inc. v. Bandspeed, Inc., 2012 WL 1150863 (D. Ariz. Apr. 5, 2012) (finding "the efforts expended by the [transferee court] to become familiar with the technology at issue weighs decisively in favor of transfer"), and if the instant action is consolidated in Oregon, there is the potential additional benefit of trying the case to one as opposed to multiple juries. See Alere Med., Inc. v. Health Hero Network, Inc., 2007 WL 4351019 at *1-2 (N.D. Cal. Dec. 12, 2007) (finding interest of justice favored transfer; noting although original forum more convenient for a number of witnesses, question was "not simply whether this action would be more conveniently litigated in Illinois than California, but whether it would be more convenient to litigate the California and Illinois actions separately or in a coordinated fashion") (emphasis in original).