Case 2:12-cv-02834-JPM-tmp Document 32 Filed 02/05/13 Page 1 of 4 PageID 168
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`PLAINTIFF,
`
`v.
`
`MATCH.COM L.L.C.
`
`DEFENDANT.
`
`CIV. A. NO. 2:12-cv-02834-JPM
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`Pursuant to 28 U.S.C. § 1404(a), Defendant Match.com L.L.C. respectfully moves this
`
`Court for an order transferring this case to the United States District Court for the Northern
`
`District of California, or in the alternative, for an order transferring this case to the United States
`
`District Court for the Northern District of Texas. This Motion is based upon the accompanying
`
`Memorandum, the supporting declarations of Jennifer Klein Ayers (Ex. A) and Clark Rothrock
`
`(Ex. B),1 the exhibits outlined in the table below, the pleadings and records on file in this action,
`
`and upon such additional evidence and argument as may be presented.
`
`Exhibit No.
`A-1
`A-2
`A-3
`
`A-4
`
`Description
`May 2000 Business Plan for B.E. Technology, Inc. (“B.E.”)
`Patent Assignment Details for U.S. Patent No. 6,628,314 (“’314 Patent”)
`Application Data Sheet and Oath filed with the USPTO U.S. Patent Pub. No.
`2012/0158512
`B.E.’s Application for Certificate of Authority filed with the Tennessee
`Secretary of State
`B.E.’s 2012 Annual Statement filed with the Michigan Secretary of State
`McKinley Technology, Inc.’s 2012 Annual Statement filed with the
`Michigan Secretary of State
`B.E.’s Application for Certificate of Authority to Transact Business in
`Michigan filed with the Michigan Secretary of State
`
`
`Pursuant to Paragraph 7.6 of the Court’s ECF Policies and Procedures, the original signed versions of these
`1
`Declarations are in the filer’s possession and shall be maintained for at least five years after this case has concluded.
`
`A-5
`A-6
`
`A-7
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`PAGE 1
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TENNESSEE
`WESTERN DIVISION
`
`B.E. TECHNOLOGY, L.L.C.,
`
`PLAINTIFF,
`
`v.
`
`MATCH.COM L.L.C.
`
`DEFENDANT.
`
`CIV. A. NO. 2:12-cv-02834-JPM
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`Pursuant to 28 U.S.C. § 1404(a), Defendant Match.com L.L.C. respectfully moves this
`
`Court for an order transferring this case to the United States District Court for the Northern
`
`District of California, or in the alternative, for an order transferring this case to the United States
`
`District Court for the Northern District of Texas. This Motion is based upon the accompanying
`
`Memorandum, the supporting declarations of Jennifer Klein Ayers (Ex. A) and Clark Rothrock
`
`(Ex. B),1 the exhibits outlined in the table below, the pleadings and records on file in this action,
`
`and upon such additional evidence and argument as may be presented.
`
`Exhibit No.
`A-1
`A-2
`A-3
`
`A-4
`
`Description
`May 2000 Business Plan for B.E. Technology, Inc. (“B.E.”)
`Patent Assignment Details for U.S. Patent No. 6,628,314 (“’314 Patent”)
`Application Data Sheet and Oath filed with the USPTO U.S. Patent Pub. No.
`2012/0158512
`B.E.’s Application for Certificate of Authority filed with the Tennessee
`Secretary of State
`B.E.’s 2012 Annual Statement filed with the Michigan Secretary of State
`McKinley Technology, Inc.’s 2012 Annual Statement filed with the
`Michigan Secretary of State
`B.E.’s Application for Certificate of Authority to Transact Business in
`Michigan filed with the Michigan Secretary of State
`
`
`Pursuant to Paragraph 7.6 of the Court’s ECF Policies and Procedures, the original signed versions of these
`1
`Declarations are in the filer’s possession and shall be maintained for at least five years after this case has concluded.
`
`A-5
`A-6
`
`A-7
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`PAGE 1
`
`
`
`Case 2:12-cv-02834-JPM-tmp Document 32 Filed 02/05/13 Page 2 of 4 PageID 169
`
`Exhibit No.
`A-8
`A-9
`
`A-10
`A-11
`A-12
`A-13
`A-14
`A-15
`
`A-16
`A-17
`A-18
`A-19
`A-20
`A-21
`A-22
`
`A-23
`
`A-24
`
`A-25
`
`Description
`B.E.’s 2009 Annual Statement filed with the Michigan Secretary of State
`U.S. Patent No. 5,528,314 Patent’s Attorney/Agent Correspondence
`Information
`Executive Biographies for Nick Grouf and David Waxman
`Contact information for Spot Runner, Inc.
`Patent Assignment Details for U.S. Patent No. 5,933,811
`LinkedIn Profile for Paul Angles
`Patent Assignment Details for U.S. Patent Publication No. 20030041107
`Profile Information for Charles Douglass Thomas appearing on the State Bar
`of California website
`Bibliographic Data for U.S. Patent No. 6,285,987
`LinkedIn Profile for Dylan Salisbury
`Wikipedia entry for Nat Goldhaber
`Contact information for Claremont Creek Ventures
`Contact information for Gary Fitts at Berkeley Lab
`PricewaterhouseCoopers LLP’s 2012 Patent Litigation Study
`March 2012 Federal Court Management Statistics for the Western District of
`Tennessee
`March 2012 Federal Court Management Statistics for the Northern District
`of California
`March 2012 Federal Court Management Statistics for the Northern District
`of Texas
`Memorandum Opinion and Order issued by the Eastern District of Texas on
`January 14, 2013, in the case styled GeoTag, Inc. v. Zoosk, Inc., Civ. A. No.
`2:11-cv-403 (E.D. Tex.).
`
`WHEREFORE, Defendant Match.com respectfully requests that this Court transfer this
`
`case to the United States District Court for the Northern District of California, or in the
`
`alternative,
`
`to
`
`the United States District Court for
`
`the Northern District of Texas.
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`PAGE 2
`
`
`
`Case 2:12-cv-02834-JPM-tmp Document 32 Filed 02/05/13 Page 3 of 4 PageID 170
`
`Dated: February 5, 2013
`
`Respectfully submitted,
`
`By:
`
`/s/ Steven G. Schortgen
`Steven G. Schortgen, pro hac vice
`Texas Bar No. 00794603
`steve.schortgen@klgates.com
`Jennifer Klein Ayers, pro hac vice
`Texas Bar No. 24069322
`jennifer.ayers@klgates.com
`K&L Gates LLP
`1717 Main Street, Suite 2800
`Dallas, TX 75201
`(214) 939-5500
`(214) 939-5849 Facsimile
`
`Sanjay K. Murthy, pro hac vice
`Illinois Bar No. 6279314
`sanjay.murthy@klgates.com
`Christopher E. Hanba, pro hac vice
`Illinois Bar No. 6298424
`christopher.hanba@klgates.com
`K&L Gates LLP
`70 W. Madison Street
`Suite 3100
`Chicago, Illinois 60602-4207
`(312) 372-1121
`(312) 827-8000 Facsimile
`
`Jonathan D. Rose (No. 20967)
`jrose@babc.com
`BRADLEY ARANT BOULT
`CUMMINGS LLP
`1600 Division Street, Suite 700
`Nashville, Tennessee 37203
`(615) 252-2308
`(615) 252-6308 Facsimile
`
`ATTORNEYS FOR DEFENDANT
`MATCH.COM L.L.C.
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`PAGE 3
`
`
`
`Case 2:12-cv-02834-JPM-tmp Document 32 Filed 02/05/13 Page 4 of 4 PageID 171
`
`CERTIFICATE OF CONSULTATION
`
`Pursuant to Local Rule 7.2, I certify that counsel for Defendant, Jon Rose, discussed the
`
`relief requested in this Motion with counsel for Plaintiff, Adam Simpson, on February 5, 2013.
`
`The consultation was not successful, as Mr. Rose and Mr. Simpson were not able to reach
`
`agreement on the issues presented in the Motion. Adam Simpson advised that the Plaintiff does
`
`not consent to the relief sought in the Motion.
`
`/s/ Steven G. Schortgen
`
`Steven G. Schortgen
`
`CERTIFICATE OF SERVICE
`
`The foregoing document was filed under the Court’s CM/ECF system, automatically
`
`effecting service on counsel of record for all other parties who have appeared in this action on
`
`the date of such service.
`
`/s/ Steven G. Schortgen
`Steven G. Schortgen
`
`DEFENDANT MATCH.COM L.L.C.’S MOTION TO TRANSFER VENUE
`
`PAGE 4
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