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FindWhat.com v. Overture Services Inc.

Court transfers patent action to California, where all 10 inventors listed in patent reside.

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Judge Mukasey

FINDWHAT.COM v. OVERTURE SERVICES, INC. Plaintiff FindWhat.com (FindWhat) sues its competitor Overture Services, Inc. (Overture) under the Declaratory Judgment Act, 28 U.S.C. §§2201, 2202 (2000), asking for a declaration of invalidity, unenforceability, and noninfringement for U.S. Patent No. 6,269,361 (the 361 patent); an injunction against Overtures taking any further legal action concerning alleged infringement of the patent; and costs and fees. Defendant moves to dismiss pursuant to Fed. R. Civ. P. 12(b)(1) or alternatively to transfer to the Central District of California pursuant to 28 U.S.C. §1404(a) (2000). Defendant further moves to dismiss plaintiffs claim for a declaration of unenforceability based on inequitable conduct pursuant to Fed. R. Civ. P. 9(b) and 12(b)(6); to strike various paragraphs of plaintiffs First Amended Complaint pursuant to Fed. R. Civ. P. 9(b) and 12(f); and to order plaintiff to provide a more definite statement of its inequitable conduct allegations pursuant to Fed. R. Civ. P. 12(e). For the reasons set forth below, the motion to dismiss pursuant to Rule 12(b)(1) is denied without prejudice to renewal in the Central District of California, and the motion to transfer is granted. Because this action will be transferred to the Central District of California, I do not address defendants other motions.

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