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NextEngine Inc. v. NextEngine Inc.

Infringement Case Transferred to California; Pendent Venue Jurisdiction Claim Rejected

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OPINION AND ORDER Plaintiff NextEngine, Inc. (“NextEngine NY”) brings this action against Defendants NextEngine, Inc. (“NextEngine CA”) and Mark S. Knighton (“Knighton”) (collectively, “Defendants”), alleging patent infringement under 35 U.S.C. §271, as well as trademark infringement and unfair competition under the Lanham Act, 15 U.S.C. §§1114(a), 1125(a). (Dkt. No. 1 (“Compl.”)

43-99.) Defendants moved to dismiss the action for improper venue and lack of personal jurisdiction. (Dkt. No. 17.) While the motion was pending, the Court invited the parties to address the possibility of transferring the action to the U.S. District Court for the Central District of California. (Dkt. No. 22.)For the reasons that follow, the Court orders that this action be transferred to the Central District of California. Accordingly, Defendants’ motion is denied as moot.I. BackgroundThe following facts are taken from the Complaint and the parties’ submissions regarding the motion to dismiss. Allegations in the Complaint are assumed to be true for the purposes of this opinion.Plaintiff NextEngine NY is a corporation organized under the laws of, and having its principal place of business in, the State of New York. (Compl. 2.) Defendant NextEngine CA is a corporation that is incorporated under the laws of Delaware and has a principal place of business in Santa Monica, California. (Compl. 3.) It is involved in “the research, development, manufacturing and sale of three dimensional laser scanners.” (Compl. 18.) Defendant Knighton is the founder and CEO of NextEngine CA. (Compl.

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