Simulados Software, Ltd. v. Photon Infotech Private, Ltd.

Good Law

40 F. Supp. 3d 1191·2014 WL 1728705·83 U.C.C. Rep. Serv. 2d (West) 528·2014 U.S. Dist. LEXIS 61047

United States District Court, Northern District of CaliforniaMay 1, 2014Case No. 5:12-CV-04382-EJDCalifornia4,863 words

Opinion

Lead Opinion

Davila, J.

*1194 [Re: Docket Item No. 46]

ORDER GRANTING MOTION TO DISMISS

Presently before the Court is Defendant Photon Infotech Private, Ltd.’s (“Photon” or “Defendant”) Motion to Dismiss Plaintiff Simulados Software, Ltd.’s (“Simula-dos” or “Plaintiff’) Amended Complaint (“AC”). See Docket Item No. 46. Federal jurisdiction arises under 28 U.S.C. § 1332 (a). This case is proceeding in this Court because of the parties’ venue selection clause in their contract. See Docket Item No. 15. Having fully reviewed the parties’ papers, the Court will GRANT Defendant’s motion for the reasons stated below.

I. BACKGROUND

Simulados is a Texas software development company based in Houston, Texas. Photon is a technology consulting corporation incorporated in New Jersey with its principal place of business in Chennai, India and a virtual office in San Jose, California. See AC, Docket Item No. 44 ¶¶ 1-2. Simulados developed a program called Certify Teacher, which is a test simulation program used by educators to prepare for the Texas Examinations of Educator Standards (“TExES”) certification exam. Si-mulados decided to produce a version of its product compatible with Apple Macintosh (“Mac”) computers…

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