In December 2016, Caffeinate Labs sued New York 2019s Vante Inc. and Alexander Shlaferman, also a New York resident, for patent infringement, trademark infringement, and ancillary state law claims related to Vante 2019s sale of the 201cWallet Ninja 201d in competition with Caffeinate 2019s PocketMonkey 00ae. Schlaferman filed a motion to dismiss for failure to state a claim of design patent infringement in May; while that motion was pending, Caffeinate Labs voluntarily dismissed the design patent claim with prejudice. Shlaferman then moved in to transfer the case to the Eastern District of New York. Judge O 2019Toole granted that motion in light of the In re Micron Technology decision, finding that the defendants timely moved for transfer after the TC Heartland decision and thus did not waive a venue challenge. Judge O 2019Toole found the case to be 201cprimarily one alleging patent infringement, 201d thus making the patent venue statue the applicable touchstone for venue.
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