Kajeet, Inc. v. Trend Micro, Inc.

Kajeet, Inc. v. Trend Micro, Inc.

Opinion

ORDER DENYING DEFENDANT'S MOTION TO TRANSFER VENUE UNDER 28 U.S.C. § 1404(a)

Before the Court is Defendant Trend Micro Inc.'s ("Trend Micro") Motion to Transfer Venue under 28 U.S.C. § 1404(a) to the Northern District of California, [*2]  or in the alternative, for intra-district transfer to the Austin Division. ECF No. 19. Plaintiff Kajeet Inc. ("Kajeet") filed its Response (ECF No. 21), and Trend Micro filed its Reply (ECF No. 22). After careful consideration of the parties' briefs and the applicable law, the Court DENIES Trend Micro's Motion to Transfer to the Northern District of California. The Court reserves its decision on the alternative motion to transfer to the Austin Division for a later time.

I. FACTUAL BACKGROUND

Plaintiff Kajeet filed this lawsuit accusing Defendant Trend Micro of infringing on claims 1 and 27 of U.S. Patent No. 8,667,559 ("the '559 Patent"). ECF No. 1. The '559 Patent describes "improved control schemes implemented on communication devices, focusing on applications in which it is undesirable for the user of the communication device to have unfettered or unconstrained access to some or all of the available functionality supported by the communication device." ECF No. 21 at 1. Kajeet alleges that Trend Micro designs, develops, and sells products that practice the technology of the '559 Patent. Id. at 2. The accused products include Trend Micro's Premium Security Suite, Maximum Security, Internet [*3]  Security, and Mobile Security products. Id.

Trend Micro is a limited liability company organized under the laws of California with its principal place of business in Irving, Texas. ECF No. 1 at 1. Trend Micro maintains offices in both the transferor and transferee districts: one office located in San Jose, California and another in Austin, Texas. ECF No. 21 at 2. It conducts research and development for its products in Taipei, Taiwan. ECF No. 19 at 1.

Kajeet is a corporation organized under the laws of Delaware. ECF No. 1 at 1. Its principal place of business is in McLean, Virginia. Id. Kajeet has filed three separate cases in this District that all assert infringement of the '559 Patent, one of which has been voluntarily dismissed since the filing of Kajeet's Motion. ECF No. 21 at 3. See Kajeet, Inc. v. Viasat, Inc., No. 6:21-cv-707 (W.D. Tex. July 8, 2021) (voluntarily dismissed); Kajeet, Inc. v. Lumen Technologies, Inc., No. 6:21-cv-705 (W.D. Tex. July 7, 2021); Kajeet, Inc. v. Infoweise Pty. Ltd., No. 6:21-cv-704 (W.D. Tex. July 7, 2021).

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