Juniper Networks Inc. v. Swarm Technology LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JUNIPER NETWORKS INC., et al., Case No. 3:20-cv-03137-JD
Plaintiffs,
ORDER RE MOTION TO DISMISS
v. 9 Re: Dkt. No. 39 SWARM TECHNOLOGY LLC, Defendant.
Juniper Networks, Inc. and Apstra, Inc., seek a declaration of noninfringement of patents owned by Swarm Technology LLC. Dkt. No. 38. Swarm is an Arizona limited liability company with a principal place of business in Arizona. Id. at ¶ 9. Juniper and Apstra are Delaware corporations with principal places of business in California. Id. at ¶¶ 7-8. Apstra is a wholly owned subsidiary of Juniper. Id. at ¶ 8. Swarm has asked to dismiss the first amended complaint, Dkt. No. 38, under Federal Rules of Civil Procedure 12(b)(2) (lack of personal jurisdiction) and 12(b)(3) (improper venue). Dkt. No. 39. In the alternative, Swarm asks for a transfer to the District of Arizona. Dkt. No. 39 at 13. The parties have engaged in venue and jurisdictional discovery in connection with Swarm’s motion. Dkt. No. 42. Dismissal and transfer…