Adnexus Incorporated, LLC v. LinkedIn Corporation

I. BACKGROUND

Plaintiff commenced this case in February 2023. See Compl. (ECF No. 1). It alleged, on information and belief, that “Defendant is a Delaware corporation with a principal address of 1000 West Maude Avenue, Sunnyvale, CA 94085 and has regular and established places of business throughout this District, including at least at 10900 Stonelake Boulevard, Suite 225, Austin, Texas 78759.” Id. ¶ 2. After Defendant complied with this Court’s Standing Order (ECF No. 7), Plaintiff filed a Notice of Intent to Amend Complaint. See ECF No. 16. Plaintiff thereafter filed its First Amended Complaint. See ECF No. 17. It amended Paragraph 2 by changing the principal address, but otherwise maintains that Defendant has regular and established places in the Western District of Texas. See id. ¶ 2. In response to the amended complaint, Defendant filed the motion to dismiss now before the Court. Defendant primarily challenges venue in this case pursuant to Fed. R. Civ. P. 12(b)(3) – alternatively seeking either dismissal or transfer on that ground. As a final alternative, it also moves for dismissal under Fed. R. Civ. P. 12(b)(6). Plaintiff responded to the motion to dismiss by moving to…