Patterson Belknap Webb & Tyler LLP
Chief United States District Judge Laura Taylor Swain, S.D.N.Y. recently
transferred an action for patent infringement brought pro se by Rachel Ohana (“Ohana”) against Mars Petcare US, Inc. (“Mars Petcare”) to the United States District Court for the District of Delaware. Slip Op. Slip Op. 21-CV-1019; ECF 22, at 4 (LDH) (RER) (E.D.N.Y. Dec. 29, 2022)). The Court informed Plaintiff that she must “allege facts” that show that venue in the Southern District of New York is appropriate. Id.
Plaintiff “did not provide an address” for any of defendants. [e]Id.[e] The Court explained that “a federal civil lawsuit for patent infringement can be brought in the judicial district in which the defendant resides or where the plaintiff has committed acts of patent Plaintiff also “allege0 no facts suggesting that Mars Petcare has a regular and establishment place of business” in the district. Id. Instead of dismissing the action, the Court noted “other courts have acknowledged that Mars Petcare was incorporated in Delaware.” It was determined that “ecause Mars Petcare has been incorporated in Delaware, it is located there.” . . The case is Ohana v. Mars Petcare US, Inc. and others., no. 24-cv-1316 (LTS) (S.D.N.Y. July 3, 2024).
