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OURS TECHNOLOGY, INC. v. DATA DRIVE THRU, INC.

No. C 09-00585 MHP.

645 F.Supp.2d 830 (2009)

OURS TECHNOLOGY, INC., a Taiwanese corporation, Plaintiff, v. DATA DRIVE THRU, INC., a Texas corporation, Defendant.

United States District Court, N.D. California.

July 28, 2009.

Attorney(s) appearing for the Case

Sean P. DeBruine, Yitai Hu, Alston & Bird LLP, Palo Alto, CA, for Plaintiff.

Teddy Kite Joe, Michael E. Dergosits, Dergosits & Noah LLP, San Francisco, CA, Edward W. Goldstein, Goldstein Faucett & Prebeg LLP, Houston, TX, for Defendant.

MEMORANDUM & ORDER

Re: Defendant's Motion to Dismiss or Alternatively to Transfer

MARILYN HALL PATEL, District Judge.

Plaintiff Ours Technology, Inc. ("OTI"), brings this action against defendant Data Drive Thru, Inc. ("DDT"), for a declaratory judgment of non-infringement, invalidity and unenforceability of defendant's patent. Now before the court is defendant's motion to dismiss the complaint for lack of standing pursuant to Federal...

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