MEMORANDUM & ORDER Plaintiff Uni-Systems, LLC (“Uni-Systems”) brings this action against Defendants United States Tennis Association National Tennis Center (“USTA”), Rossetti Inc. and Matthew L. Rossetti Architect, P.C. (“Rossetti P.C.”) (collectively, “Rossetti”), Hunt Construction Group, Inc. (“Hunt”), Hardesty & Hanover, LLC and Hardesty & Hanover, LLP (collectively, “Hardesty & Hanover”), Morgan Engineering Systems, Inc. (“Morgan Engineering”) and its subsidiaries, Morgan Kinetic Structures, Inc. (“Morgan Kinetic”), and Morgan Automation, Inc. (“Morgan Automation”) (collectively, “Morgan”), and Geiger Campbell Engineers, P.C., (“Geiger”) (collectively, “Defendants”), alleging patent infringement and trade secret appropriation in connection with Defendants’ design, manufacture, and operation of the retractable roofs at the Arthur Ashe Stadium (the “Ashe Retractable Roof”) and the Louis Armstrong Stadium (the “Armstrong Retractable Roof”) in Queens, New York. Pending before the Court are the renewed motions of Rossetti and Morgan to dismiss this action for improper venue pursuant to Rule 12(b)(3) of the Federal Rules of Civil Procedure (the “Rules”) or, in the alternative, to transfer this action to the districts in which each group resides in the interests of justice pursuant to 28 U.S.C. §1406(a). This court, by order dated October 5, 2018, had ruled that venue was improper as to the claims against Rossetti and Morgan and granted leave to replead after venue-focused discovery. (ECF No. 265, Memorandum & Order (“M&O”).) Both Rossetti and Morgan again argue that venue is improper in this district under 28 U.S.C. §1400(b), the exclusive patent venue statute, because neither defendant “reside[s]” or has a “ regular and established place of business” in this judicial district. For the reasons set forth below, the Court hereby GRANTS both motions and transfers Uni-Systems’ claims to the appropriate venues. Background1 I. The Alleged Infringement Uni-Systems describes itself as the “leading designer of retractable roof systems in the United States” and has designed and implemented retractable roof systems for major stadiums across the country, including Minute Maid Ballpark and Reliant Stadium in Houston, Texas; Marlins Ballpark in Miami, Florida; Lucas Oil Stadium in Indianapolis, Indiana; Cowboys Stadium near Dallas, Texas; and University of Phoenix (Cardinals) Stadium in Glendale, Arizona. (ECF No. 325, Second Amended Complaint (“SAC”), 18.) In connection with its retractable roof designs, Uni-Systems developed valuable intellectual property, including U.S. Patent Nos. 6,789,360 (“the Retention Mechanism patent”) and 7,594,360 (“the Lateral Release patent”), and trade secrets in nine categories. (Id.
19-36.) Around 2011, Uni-Systems learned that USTA planned to construct a retractable roof over the Arthur Ashe Stadium at the USTA Billie Jean King National Tennis Center in Flushing, Queens (the “NTC”). (Id. 78.) USTA hired Hunt to serve as the project design-builder. (Id. 79.) As the design-builder, Hunt contracted with Rossetti P.C., for design activities and responsibilities. (Id. 80.) Rossetti P.C. served as the official project architect and worked with Rossetti Inc. to provide design and architectural services. (Id.) Hunt contracted with Morgan Kinetic, a division of Morgan Engineering, to supply roof mechanism design and construction services for the project. (Id. 81.) Morgan Engineering subcontracted with Hunt to provide design-build services to engineer and fabricate the retractable roof. (Id.) Uni-Systems alleges the Ashe Retractable Roof infringes on its Retention Mechanism and Lateral Release patents. (Id.
