Stomp, Inc. v. NEATO, LLC

ORDER DENYING DEFENDANT’S MOTIONS TO DISMISS FOR LACK OF PERSONAL JURISDICTION, OR TO DECLINE SUBJECT MATTER JURISDICTION, OR TO TRANSFER VENUE

Defendant NeatO, LLC (“NeatO”) moves to dismiss this matter under Federal Rule of Civil Procedure 12(b)(2) for lack of personal jurisdiction, or in the alternative, to decline subject matter jurisdiction or transfer venue under 28 U.S.C. § 1404 (a). The novel question before the Court is whether exercising personal jurisdiction over a defendant, whose only contact with the forum state is the use of the new and emerging technology of the Internet, offends “traditional notions of fair play and substantial justice.” International Shoe Co. v. Washington, 326 U.S. 310, 316 , 66 S.Ct. 154, 158 , 90 L.Ed. 95 (1945).

Introduction

On May 11, 1999, the United States Patent and Trademark Office issued Patent No. 5,902,446 (the “’446 Patent”) to Peter Tracy for a self-adhesive CD labeling system, of which NeatO is the owner by assignment. Also on May 11, 1999, Plaintiff Stomp, Inc. (“Stomp”) initiated this declaratory judgment action pursuant to 28 U.S.C. § 2201 against Defendant NeatO seeking an order that the ’446 Patent is invalid and barring…