Twitter, Inc. v. Voip-Pal.com, Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TWITTER, INC., Case No. 3:21-cv-02769-JD
Plaintiff,
ORDER RE MOTION TO DISMISS
v.
VOIP-PAL.COM, INC., Defendant.
12 In this declaratory judgment action, plaintiff Twitter, Inc. seeks a declaration of non- infringement of U.S. Patent No. 9,935,872 (the ’872 patent) against patent owner and defendant VoIP-Pal.com, Inc. (VoIP). Dkt. No. 1 (complaint); Dkt. No. 1-1 (’872 patent). A district judge previously assigned to this case denied VoIP’s motion to dismiss for lack of subject matter jurisdiction, lack of personal jurisdiction, and improper venue. Dkt. No. 38. VoIP subsequently moved to dismiss for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1) on the grounds that VoIP granted Twitter a covenant not to sue, divesting the Court of jurisdiction. Dkt. No. 43. The parties’ familiarity with the record is assumed. Dismissal is granted. The reason for dismissal is straightforward. VoIP has now granted Twitter the…