INJEN TECHNOLOGY CO. LTD. v. Advanced Engine Management, Inc.
Opinion
Opinion
Brewster, J.
ORDER DENYING DEFENDANT’S MOTION TO DISMISS FOR IMPROPER VENUE [4-1], GRANTING DEFENDANT’S MOTION TO TRANSFER FOR IMPROPER VENUE [4-2], AND GRANTING IN THE ALTERNATIVE DEFENDANT’S MOTION TO TRANSFER FOR CONVENIENCE [4-3]
I. Introduction
Defendant Advanced Engine Management, Inc. (“AEM”) owns U.S. Patent No. 6,394,128 (“the '128 Patent”). In November 2002, AEM sent a “cease and desist” letter to Plaintiff Injen Technology Co., Ltd. (“Injen”), stating that Injen’s air safety valve infringes the '128 Patent. In December 2002, Injen filed this action seeking a declaratory judgment of nonin-fringement.
On January 15, 2003, AEM filed the instant motion to: (1) dismiss for improper venue pursuant to Fed.R.Civ.P. 12(b)(3); (2) transfer for improper venue pursuant to 28 U.S.C. § 1406 (a); or (3) transfer for convenience pursuant to 28 U.S.C. § 1404 (a). Injen contends that venue is proper because Defendant AEM “resides” in the Southern District of California pursuant to 28 U.S.C. § 1391 (b)-(c).
II. Relevant Facts
Plaintiff Injen is headquartered in Pomona, California. Defendant AEM is headquartered in Hawthorne, California. Both cities are located in the Central District of…