RegenLab Overcomes Motion to Dismiss and Advances Venue Law in Favor of Patent Owners

August, 28th, 2018

Categories: Blog, News Tags: litigation, patent, whipgroup

RegenLab USA is the owner of US Patent 8,529,957 (’957 patent), which is directed to the use of a medical separator system for the preparation of platelet rich plasma. RegenLab brought suit for patent infringement of the ‘957 patent against Eclipse Aesthetics LLC, a Texas company that distributes accused products throughout the United States. Attempting to avoid liability in New York, Eclipse filed a motion to dismiss for improper venue, arguing that New York is not its state of incorporation or a state in which it has a fixed place of business. WHIPgroup attorneys opposed the motion on RegenLab’s behalf, arguing that the home offices of Eclipse’s employees in New York are more than isolated work environments. In an order dated August 18, 2018, the District Court agreed with WHIPgroup stating, “Eclipse does solicit sales people in public advertisements to cover the New York area and prefers that those employees live in their assigned sales area.” The Court held venue is proper because, as argued by WHIPgroup, Eclipse’s employees home offices constitute regular places of business of Eclipse in New York.