O2COOL, LLC v. Discovery Communications LLC et al

Filing 10

MEMORANDUM Order Signed by the Honorable Milton I. Shadur on 5/3/2012:Mailed notice(srn, )

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
O2COOL, LLC,
Plaintiff,
v.
DISCOVERY COMMUNICATIONS, LLC,
et al.,
Defendants.

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No.

12 C 3204

MEMORANDUM ORDER
In Case No. 12 C 2109, limited liability company O2COOL, LLC
(“O2COOL”) attempted to expand its original Complaint against
Windy City Novelties, Inc. (“Windy City”) by adding three
unrelated defendants as alleged infringers of one of the two
O2COOL patents involved in the Windy City action.

This Court

swiftly issued an April 26, 2012 memorandum order finding that
the new defendants had been improperly added to the suit against
Windy City, and O2COOL’s counsel promptly complied with this
Court’s directive by filing a Second Amended Complaint dropping
the newcomers.
Now O2COOL has filed a new Complaint against two of the
three defendants that had been added to, then dropped from, Case
No. 12 C 2109.

Despite the long odds (25 to 1 or so), this

District Court’s computerized random assignment system has also
delivered the new case to this Court’s doorstep, and that
assignment has occasioned the issuance of this memorandum order.
Although it appears that the generous venue provisions

applicable to patent infringement actions allow this suit to be
instituted in this judicial district, both defendants’
headquarters are far removed from here:

Discovery

Communications, LLC is sited in Delaware (Complaint ¶3) and
MerchSource, LLC is located in California (Complaint ¶4).

To be

sure, Complaint ¶6 identifies the sale of an allegedly infringing
product in Downers Grove, Illinois, but it remains to be seen
whether 28 U.S.C. §1404(a) will be called into play by either or
both defendants.
In the meantime this Court is contemporaneously issuing its
customary initial scheduling order.

At the appointed status

hearing date, the parties should be prepared to discuss venue as
well as other threshold subjects.

________________________________________
Milton I. Shadur
Senior United States District Judge
Date:

May 3, 2012

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