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Patent Holder LLC v. Lone Wolf Distribs.

United States District Court for the Southern District of Florida

October 31, 2017, Decided; November 1, 2017, Entered on Docket

Civil Action No. 17-23060-Civ-Scola

Opinion

Order on Defendants' Motion to Dismiss

The Plaintiff brings this lawsuit against Lone Wolf Distributors, Inc. and Lone Wolf R&D LLC (collectively, "Lone Wolf" or "Defendants") for patent infringement. This matter is before the Court on the Defendants' Motion to Dismiss for Lack of Venue, or in the Alternative to Transfer Venue (ECF No. 13). For the reasons set forth in this Order, the Court grants in part the motion and orders the case transferred to the District of Idaho.

1. Background

The Plaintiff, Patent Holder, LLC ("Patent Holder" or "Plaintiff"), is a Florida company with an address in Miami. (Compl. ¶ 2, ECF No. 1.) The Plaintiff owns United States Patent No. 9,404,700 (the "'700 Patent"). (Id. ¶ 10.) The Defendants are legally organized under the laws of Idaho with principal places of business [*2]  in Priest River, Idaho. (Id. ¶¶ 3-4.)

A. The '700 Patent and Alleged Infringement

The '700 Patent is a patent for an Enhanced Trigger Control Connector. (Id. ¶ 11.) The Enhanced Trigger Control Connector improves a firearm's trigger by limiting "excess travel" of the trigger and by minimizing "trigger bar obstruction." (Id. ¶¶ 14-15.) Images of the Enhanced Trigger Control Connector and its relationship to a firearm's trigger are included here:

(Id. at Ex. 2, p. 5, ECF No. 1-2.)

The '700 Patent was assigned to the Plaintiff by the named inventor, Arthur Viani. (Id. ¶¶ 11-12.) Ghost, Inc., a business in Miami, Florida, manufactures, distributes, and sells the Enhanced Trigger Control Connector protected by the '700 Patent. (Id. ¶ 13.)

The Defendants also manufacture, distribute, and sell gun parts and accessories. (Id. ¶ 16.) The Defendants manufacture and sell an enhanced trigger control connector that allegedly infringes the '700 Patent. (Id. ¶¶ 17-18, 21-22.) Exhibit Two of the Complaint provides the following comparison of the prior art, the Enhanced Trigger Control Connector, and the product sold by the Defendants under the name "LWD-342-4243, LWD G42/43 3.5 Connector":

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2017 U.S. Dist. LEXIS 180699 *; 2017 WL 5032989

Patent Holder LLC, Plaintiff, v. Lone Wolf Distributors, Inc. and Lone Wolf R&D LLC, Defendants.

CORE TERMS

venue, Patent, discovery, infringement, regular, established place of business, district court, personal jurisdiction, Connector, trigger, resides, convenience, products, dealers, interest of justice, patent infringement, motion to dismiss, Distributors, manufacture, Enhanced, courts, cases, physical location, proper venue, inconvenience, alleges