DocuSign, Inc. v. Clark
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 DOCUSIGN, INC., Case No. 21-cv-04785-WHO
Plaintiff,
ORDER GRANTING MOTION TO
v. DISMISS FIRST AMENDED
COMPLAINT
PAUL C. CLARK, Re: Dkt. No. 28 Defendant.
12 Defendant Paul C. Clark filed this motion to dismiss plaintiff DocuSign, Inc. (“DocuSign”)’s First Amended Complaint (“FAC”), which asserts claims of fraudulent misrepresentation, negligent misrepresentation, and concealment arising out of an agreement made between the parties, and seeks declaratory judgment that DocuSign did not infringe upon three of Clark’s patents. I lack jurisdiction over this matter, as Clark is a citizen of Maryland who acts as an expert witness nationally; he did not purposefully avail himself of the laws of California nor purposefully direct his actions here. Even if jurisdiction were proper, the first-to-file rule warrants dismissing the declaratory relief action, at least, because of a pending patent lawsuit brought by Clark in Washington D.C. …