ACCO Brands USA LLC v. Performance Designed Products LLC

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ACCO BRANDS USA LLC and Case No.: 3:24-cv-1100-JO-KSC

BENSUSSEN DEUTSCH &

ASSOCIATES LLC,

ORDER EXERCISING SUBJECT Plaintiffs,

MATTER JURISDICTION OVER

14 v. AND STAYING PLAINTIFFS’ COUNTS I-IV AND IX

PERFORMANCE DESIGNED

PRODUCTS LLC, Defendant. 18 19 On November 14, 2024, the Court held oral argument on Defendant Performance Designed Products LLC’s (“PDP”) motion to dismiss, Dkt. 14-1. Dkt. 26. As stated on the record, the Court found that it had subject matter jurisdiction over these claims, but exercised its discretion pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, to stay these counts. The Court briefly recaps its reasoning here for the convenience of the parties. Critically, the Court’s resolution of patent validity and infringement issues would not necessarily aid the state court’s adjudication of the contract claims whereas…