California Beach Co., LLC v. Exqline, Inc.

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

CALIFORNIA BEACH CO., LLC, Plaintiff, No. C 20-01994 WHA

v.

EXQLINE, INC., et al., ORDER GRANTING MOTION

TO DISMISS AND DENYING

Defendants.

MOTION TO TRANSFER

15 INTRODUCTION In this design-patent infringement suit, the accused direct infringer moves to transfer and accused indirect infringer moves to dismiss. Because the complaint alleges no affirmative act by the defendant e-commerce platform provider which induced the alleged direct infringement, the claim of induced infringement is DISMISSED. But because transfer offers little benefit at the cost of undue delay, the motion to transfer is DENIED. STATEMENT This case is about children’s playpens. The California Beach Co. markets the patented POP N’ GO PLAYPEN as the premier compact, durable, and portable means of containing our nation’s little rascals. United States Design Patent No. D862,913 depicts the playpen as 26 …