SEARCH

NextEngine Inc. v. NextEngine Inc.

Infringement Case Transferred to California; Pendent Venue Jurisdiction Claim Rejected

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2025

September 04, 2025
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Corporate General Counsel

Position Summary: The Corporate General Counsel will manage and coordinate all legal and compliance matters affecting the company. The Gen...

Apply Now ›

School Law Associate

We are seeking two attorneys with a minimum of two to three years of experience to join our prominent and thriving education law practice in...

Apply Now ›

Associate Professor or Professor

The University of Iowa College of Law anticipates hiring lateral faculty members in the areas of Family Law and Business Law. APPLICATION ...

Apply Now ›