between the parties, ICC is a Texas corporation, having its principal place of business at 6136Frisco Square Boulevard, Suite 385, Frisco, Texas 75034. According to Texas public records,the sole member of ICC is Acacia Research Group LLC, a Texas corporation having its principal place of business at the same address as ICC. Acacia Research Group LLC is itself a subsidiaryof Acacia Research Corporation, a public company comprised of numerous operatingsubsidiaries that are in the business of monetizing patents. Acacia Research Corporation is aDelaware corporation, with its principal place of business at 500 Newport Center Drive, 7thFloor, Newport Beach, California 92660.
JURISDICTION AND VENUE
The Court has subject matter jurisdiction over WhatsApp’s declaratory judgmentclaims relating to patent invalidity and non-infringement 28 U.S.C. §§ 1331, 1338(a), 2201 and2202.4.
On October 26, 2012, ICC sued WhatsApp for infringing United States Patent No.6,985,748 (“the ’748 patent”) in the United States District Court for the Eastern District of Virginia by “using, and/or providing and causing to be used products that provide messagingservices,” including WhatsApp Messenger. ICC purported to be the owner of all right, title, andinterest in the ’748 patent, including the right to assert all causes of action arising under that patent and the right to any remedies for infringement of it.5.
On January 25, 2013, WhatsApp moved to dismiss ICC’s Eastern District of Virginia complaint for lack of personal jurisdiction or, in the alternative, to transfer the action tothe United States District Court for the Northern District of California.6.
On February 8, 2013, ICC opposed WhatsApp’s motion to dismiss. In opposingthe section on transfer to the Northern District of California, ICC admitted that the patentinfringement action between ICC and WhatsApp could have been brought in the NorthernDistrict of California.7.
ICC also sued numerous other companies on the ’748 patent in the EasternDistrict of Virginia, including Interop Technologies, LLC (“Interop”) and Glympse, Inc.(“Glympse”).