Ours Technology, Inc. v. Data Drive Thru, Inc.

MEMORANDUM & ORDER

Re: Defendant’s Motion to Dismiss or Alternatively to Transfer

Plaintiff Ours Technology, Inc. (“OTI”), brings this action against defendant Data Drive Thru, Inc. (“DDT”), for a declaratory judgment of non-infringement, invalidity and unenforceability of defendant’s patent. Now before the court is defendant’s motion to dismiss the complaint for lack of standing pursuant to Federal Rule of Civil Procedure 12(b)(1), or, in the alternate, to transfer the action to the Eastern District of Texas for consolidation with a previously-filed suit in which defendant has commenced an action against four other defendants. Having considered the arguments and submissions of both parties, and for the reasons set forth below, the court rules as follows.

BACKGROUND

OTI is a Taiwanese corporation that is not registered to do business in any state of the United States. See Cheng Dec., Docket No. 19, ¶ 2. OTI has no offices in the United States, and no direct sales into the United States. Id. OTI is a “fabless” semiconductor design company, which designs and develops microchips and contracts with manufacturing companies (known as foundries) to have its chips produced. Id. ¶ 3.…