DJ action is dismissed in the absence of actual controversy
Edmunds Holding Company, et al. v. Autobytel Inc., Civ. No. 08-149-SLR, February 20, 2009.
Robinson, J. Defendant’s motion to dismiss the action for lack of subject matter jurisdiction is granted.
Plaintiff, as part of his business, distributes sales leads to automobile dealers and other companies. Defendant has sued several companies in the sales leads business for infringement of its patent. Plaintiff argues that Defendant’s public statements that it intends to enforce its intellectual property rights and its pattern of litigation against sales leads companies, including Plaintiff’s customers, manifests its intent to enforce its rights against Plaintiff, thus establishing am actual controversy. The Court finds Plaintiff has failed to meet its burden to show the existence of an actual controversy because there are no facts adduced which establish that Defendant believes Plaintiff to be infringing its patent, nor is there any evidence that an infringement suit is imminent.
