Radware, Inc. v. U.S. Telepacific Corp. d/b/a TPX Communications

Caution
United States District Court, Northern District of CaliforniaFebruary 20, 20205:19-cv-03835California4,646 words

Opinion

Trial Court Opinion

I. BACKGROUND

Plaintiff Radware is a New Jersey corporation that specializes in “application delivery and cyber security solutions.” ECF No. 1 (“Compl.”) ¶ 1. Defendant TPx is a California corporation that provides “communications, information technology, and network connectivity” to third parties. Id. ¶ 2. 27 1 On December 17, 2018, Radware filed the instant suit in the District of New Jersey. Id. Radware alleges that it had entered into an agreement with TPx, whereby Radware would deliver hardware and services to TPx “to assist in the mitigation of Distributed Denial of Service (‘DDoS’) attacks” on TPx’s networks. Id. ¶ 6. Radware asserts a number of contract and quasi- contract claims, based on its allegation that TPx only ever paid $375,000 of the total $2 million purchase price. See id. ¶¶ 8, 19. On February 8, 2019, TPx filed a motion to dismiss the case for lack of jurisdiction, or, in the alternative, to transfer the case to this district, ECF No. 16, which Radware opposed, ECF No. 19. On June 11, 2019, the District of New Jersey granted TPx’s request to transfer the case to this …

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