Court Grants Defendant’s Motion to Dismiss for Improper Venue

May 29, 2018 – Plaintiffs CDX Diagnostics, Inc. and Shared Medical Resources, LLC filed a lawsuit for infringement of its endoscopy patents against Defendants United States Endoscopy Group, Inc. D/B/A US Endoscopy and John Does 1-30. On May 24, the Court granted defendant’s motion to dismiss plaintiffs’ patent infringement action for improper venue because defendant did not have a regular and established place of business in the district. Although defendants’ storage units are located in the district, the Court held that the storage units are not “location[s] at which one carries on a business.” While Defendant’s customer service reps may ‘typically’ retrieve materials from the storage units to visit customers within this District, no ‘employee or agent of [Defendant actually] conduct[s] business at’ the storage units.

The patent at issue is U.S. Patent Nos. 6,676,609 entitled “Retractable Brush for Use with Endoscope for Brush Biopsy,” 7,004,913 entitled “Retractable Brush for Use with Endoscope for Brush Biopsy,” and 6,258,044 entitled “Apparatus and Method for Obtaining Transepithelial Specimen of a Body Surface Using Non-Lacerating Technique.” The case is captioned CDX Diagnostics, Inc. et al v. United States Endoscopy Group, Inc. et al, Case No. 7-13-cv-05669, and is pending in the Southern District of New York.

By: Julian G. Pymento