Max Sound Corp. v. Google, Inc.

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS

On January 23, 2015, Plaintiff Max Sound Corporation (“Max Sound”) filed a First Amended Complaint (“FAC”) against three defendants: Google, Inc., YouTube, LLC and On2 Technologies (collectively, “Defendants”), for the infringement of United States Patent No. 7,974,339 (the “’339 patent”). Dkt. No. 23. Max Sound has also named the owner of the ’339 patent, Vedanti Systems Limited (“Vedan-ti”), as a party to this action with a corresponding role that is not entirely clear.

Presently before the court is Defendants’ Motion to Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1). Dkt. No. 100. In the alternative, Defendants request a stay pending resolution of arbitration between Max Sound and Vedanti. Max Sound opposes both requests. Dkt. No. 116. Having fully reviewed the parties’ briefing and considered the arguments made at the hearing on this matter, the court will grant Defendants’ Motion to Dismiss.

I. FACTUAL HISTORY AND PROCEDURAL BACKGROUND

A. The ’339 Patent

The ’339 Patent, entitled “Optimized Data Transmission System and Method,” was issued by the United States Patent and Trademark Office on July 5, 2011. See FAC,…