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Voip-Pal.com, Inc. v. Twitter, Inc.

United States District Court for the District of Nevada

July 23, 2018, Decided; July 23, 2018, Filed

Case No. 2:16-cv-02338-RFB-CWH

Opinion

ORDER

I. INTRODUCTION

This matter is before the Court on Defendant Twitter, Inc. ("Defendant" or "Twitter")'s Motion to Change Venue. (ECF No. 27). For the reasons stated below, this motion is granted.

II. PROCEDURAL BACKGROUND

On October 6, 2016, Plaintiff VoIP-Pal.com, Inc. ("Plaintiff" or "VoIP-Pal.com") filed its Complaint against Defendant, alleging infringement of two patents. (ECF No. 1). On January 31, 2017, the Court entered a Stipulation to stay the case due to pending proceedings before the Patent Trial and Appeal Board ("PTAB"). (ECF No. 12). [*2]  Pursuant to the Stipulation, the Court also directed the parties to file a Joint Status Report by January 26, 2018, outlining the parties' respective positions on how the case should proceed in light of the PTAB's final written decisions. The parties filed a Joint Status Report on January 26, 2018, requesting that the stay in the case be lifted. (ECF Nos. 13 & 14). On February 27, 2018, the Court lifted the stay and ordered the parties to submit a proposed pretrial order. (ECF No. 25).

Defendant filed the instant Motion to Change Venue on February 28, 2018. (ECF No. 27). Plaintiff filed its Response on March 14, 2018. (ECF No. 31). On March 21, 2018, Defendant filed its Reply. (ECF No. 32). The Court held a hearing on the matter on July 6, 2018, and ordered Defendant to file a Supplemental Declaration to address whether Defendant has any physical equipment or leases any space in Nevada, including space for data storage, or other support equipment/hardware, within two weeks. This Order now follows.

III. RELEVANT FACTUAL FINDINGS FOR JURISDICTION

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2018 U.S. Dist. LEXIS 122807 *; 2018 WL 3543031

VOIP-PAL.COM, INC., Plaintiff, v. TWITTER, INC., Defendants.

Subsequent History: Motion granted by, Dismissed by, Judgment entered by Voip-Pal.Com, Inc. v. Apple Inc., 2019 U.S. Dist. LEXIS 49667 (N.D. Cal., Mar. 25, 2019)

Prior History: Voip-Pal.com, Inc. v. Apple, Inc., 2017 U.S. Dist. LEXIS 205283 (D. Nev., Dec. 13, 2017)

CORE TERMS

venue, patent, infringement, software, regular, convenience, leases