Scanbuy must be ready to give in. They're moving their case to New York.
New entry Pacer for ScanBuy v. NeoMedia: Motion to Change Venue
(!!!) This case getting moved to NYC with Judge Holwell too!
Filed & Entered: 04/16/2009 (Since I checked a couple of hours ago)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
SCANBUY, INC. and
MARSHALL FEATURE RECOGNITION, LLC
Plaintiffs,
v.
NEOMEDIA TECHNOLOGIES, INC.,
Defendant.
§§§§§§§§§§§
§
CASE NO. 5:08-cv-199 (DF)
JOINT MOTION TO TRANSFER
Plaintiffs Scanbuy, Inc. (“Scanbuy”) and Marshall Feature Recognition, LLC (“MFR”)
and Defendant NeoMedia Technologies, Inc. (“NeoMedia”) respectfully submit this “Joint
Motion to Transfer.”
FACTUAL BACKGROUND
Scanbuy and MFR filed this action against NeoMedia on November 26, 2008, alleging
infringement of two patents. NeoMedia filed an answer in which, among other things,
NeoMedia denied infringement and denied that jurisdiction was proper in the Eastern District of
Texas. At a February 25, 2009 status conference, the jurisdictional issue was raised, and the
Court suggested that the parties consider transferring this action to the United States District
Court for the Southern District of New York where an action by NeoMedia against Scanbuy is
pending (Civil Action No. 2:04-cv-3026).
After the status conference, the parties conferred in an effort to avoid motion practice in
this Court on the jurisdictional issue. Ultimately, NeoMedia provided Scanbuy and MFR with a
declaration from a corporate officer stating that, to the best of its knowledge, NeoMedia has not
conducted any business in the Eastern District of Texas.
Case 5:08-cv-00199-DF Document 21 Filed 04/16/2009 Page 1 of 2
- 2 -
REQUESTED ACTION
Based on the foregoing, in an effort to conserve the resources of this Court and the
parties, the parties respectfully request that this Court transfer this action to the United States
District Court for the Southern District of New York as well as indicate that the parties suggest
that the action be assigned to Judge Holwell in view of common parties (Neomedia and
Scanbuy) and judicial economy. The parties are filing a proposed order along with this motion.
Dated: April 16, 2009
By: /s/ John R. Mercy
John R. Mercy
Texas Bar No. 13947200
MERCY CARTER TIDWELL, L.L.P.
1724 Galleria Oaks Drive
Texarkana, TX 75503
Telephone: 903-794-9419
Facsimile: 903-794-1268
E-Mail: jmercy@texarkanalawyers.com
Of Counsel:
John M. Hintz
Laura A. Sheridan
WILMER CUTLER PICKERING
HALE AND DORR LLP
399 Park Avenue
New York, NY 10022
Telephone: (212) 230-8800
Facsimile: (212) 230-8888
E-Mail: john.hintz@wilmerhale.com
laura.sheridan@wilmerhale.com
ATTORNEYS FOR PLAINTIFFS
SCANBUY, INC. and MARSHALL
FEATURE RECOGNITION, LLC
By: /s/ Robert W. Schroeder III
Robert W. Schroeder III
Texas Bar No. 24029190
PATTON, TIDWELL & SCHROEDER, LLP
4605 Texas Boulevard
Post Office Box 5398
Texarkana, TX 75505-5398
Telephone: 903-792-7080
Facsimile: 903-792-8233
E-Mail: tschroeder@texarkanalaw.com
Of Counsel:
Michael H. Baniak
Benjamin R. Huber
McDonnell Boehnen Hulbert & Berghoff LLP
300 South Wacker Drive, Suite 3100
Chicago, IL 60606
Telephone: 312-913-0001
Facsimile: 312-913-0002
E-Mail: baniak@mbhb.com
huber@mbhb.com
Jeffrey A. Pine
Valauskas & Pine LLC
150 South Wacker Drive, Suite 620
Chicago, IL 60606
Telephone: 312-673-0360
Facsimile: 312-673-0361
E-Mail: pine@vp-law.com
COUNSEL FOR DEFENDANT
NEOMEDIA TECHNOLOGIES, INC.
Case 5:08-cv-00199-DF Document 21 Filed 04/16/2009 Page 2 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TEXARKANA DIVISION
SCANBUY, INC. and
MARSHALL FEATURE RECOGNITION, LLC
Plaintiffs,
v.
NEOMEDIA TECHNOLOGIES, INC.,
Defendant.
§§§§§§§§§§§
§
CASE NO. 5:08-cv-199 (DF)
ORDER
Based on the “Joint Motion to Transfer” filed by the parties to this action, it is hereby
ORDERED that this action shall be transferred to the United States District Court for the
Southern District of New York. The Court notes that the parties have represented that an action
between two of the parties to this action is pending in that court before the Honorable Richard J.
Holwell (NeoMedia Technologies, Inc. v. Scanbuy, Inc., Civil Action No. 2:04-cv-3026). |
