Prolacta Bioscience, Inc. v. Ni-Q, LLC et al, 2-17-cv-04071 (CACD August 7, 2017, Order) (Otero, USDJ)
Wednesday, August 9, 2017
Personal Residence of CEO Does Not Establish Corporate Defendant’s Regular and Established Place of Business
The court granted defendant's motion to dismiss plaintiff's patent infringement action for improper venue because a CEO's residence was insufficient to establish defendant had a regular and established place of business in the forum. "[Defendant] asserts that it does not engage in business operations, own or lease office space, or maintain a public presence in this State, much less this District. . . . The gravamen of [plaintiff's] venue-based arguments appears to be that the mere presence of a high-level employee of a corporate defendant within a particular judicial district is sufficient to satisfy the rigors of Section 1400(b). Case law and common sense dictates that it is not, and [plaintiff] cites to no authority, either binding or persuasive, suggesting otherwise."