Facts

Thermolife International LLC filed an action against F3 Nutrition LLC for patent infringement. F3 Nutrition's principal place of business in Florida.

PLAINTIFF'S CONTENTIONS:
Thermalife alleged that F3 Nutrition infringed on Thermalife's patent titled "Amino Acid Compositions" by using such Amino Acid Compositions in formulating its own performance-enhancing supplements.

DEFENDANT'S CONTENTIONS:
F3 Nutrition argued that Thermalife's complaint should be dismissed for improper venue because Thermalife was not a resident of California, and because Thermalife's small number of internet sales within California were not sufficient to establish venue in California.

Result

The court granted the F3 Nutrition's motion to dismiss, finding that Thermolife failed to demonstrate that F3 Nutrition had a regular and established place of business in California or that F3 Nutrition resided in California. The court granted dismissal without prejudice.