Defendant's Actions Toward Plaintiff's Customers did not Create Substantial Controversy Between Plaintiff and Defendant

Defendant's motion to dismiss for lack of subject matter jurisdiction was granted. "[Plaintiff is] basing its arguments in support of this court’s jurisdiction on the defendant’s actions directed towards [its] customer, rather than [plaintiff] itself. However . . . there is no ongoing litigation between [plaintiff's customer] and [defendant]. Thus, the court finds that the defendant’s actions directed at [plaintiff's customer] do not constitute a real and immediate injury for Article III jurisdiction."

Arris Group, Inc. v. British Telecommunications PLC, 1-09-cv-00671 (GAND February 18, 2010, Order) (Pannell, J.)