Apple Inc. v. Traxcell Technologies LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 APPLE INC., Case No. 21-cv-06059-EMC
Plaintiff,
ORDER DENYING DEFENDANT’S
v. MOTION TO DISMISS OR TRANSFER
TRAXCELL TECHNOLOGIES LLC, Docket No. 17 Defendant.
12 13 Plaintiff Apple Inc. has brought a suit for declaratory relief against Defendant Traxcell Technologies, LLC. Traxcell is the owner of the ‘147 patent. Apple asks for a declaration that it does not infringe Traxcell’s ‘147 patent. Currently pending before the Court is Traxcell’s motion to dismiss based on the first-to-file rule. Alternatively, Traxcell asks the Court to transfer the case to the Western District of Texas pursuant to 28 U.S.C. § 1404. The Court denies the motion to dismiss. The motion to dismiss is predicated on the first- to-file rule. According to Traxcell, the dispute between the parties was first filed in the Western District of Texas and this Court should, in essence, defer to the Texas court to resolve the dispute. See…