LBT IP II LLC v. Uber Technologies, Inc.

I. FACTUAL BACKGROUND

Plaintiff LBT II filed this lawsuit accusing Defendant Uber of infringing on U.S. Patent Nos. 7,728,724 (“the ’724 patent”), 7,598,855 (“the ’855 patent”), 8,531,289 (“the ’289 patent”), and 8,224,355 (“the ’355 patent”) (collectively, the “Asserted Patents”). ECF No. 1 ¶ 2. LBT II alleges that Uber coordinates, controls, and provides ride-hailing services that practice the technology of the Asserted Patents. Id. ¶¶ 60, 76, 93, 109. The accused functionalities are Uber’s “ride-hailing and food delivery services” technologies, specifically the “hardware, applications, and functionalities and any related Uber technologies that interface with the Uber Driver and Rider Applications to provide ride-hailing and food delivery services.” Id. ¶ 24. Uber is a Delaware corporation with its principal place of business in San Francisco, California. Id. ¶ 4. It also maintains a physical presence in Austin, Texas. Id. ¶ 9.

LBT II is a Texas limited liability company with its principal place of business in Graham, Texas. Id. ¶ 1.

II. LEGAL STANDARD

In patent cases, motions to transfer under 28 U.S.C. § 1404(a) are governed by the law of the regional circuit.…