BillingNetwork Patent, Inc. v. Modernizing Medicine, Inc., No. 17 C 5636, Slip Op. (N.D. Ill. Nov. 6, 2017) (Castillo, C.J.).

Judge Castillo granted defendant Modernizing Medicine’s Fed. R. Civ. P. 12(b)(3) motion to dismiss for lack of proper venue in this patent case.

Of particular note, the Court held as follows:

• For purposes of the venue statute, 28 U.S.C. § 1400, Modernizing Medicine only “resided” in its state of incorporation — Delaware.
• Modernizing Medicine’s registration to do business in Illinois was insufficient to meet the regular and established place of business test.
• Modernizing Medicine’s five work-from-home employees similarly did not make Illinois a regular and established place of business because the employees’ respective homes were not places “of the defendant” as required by the statute. It may have been different if Modernizing Medicine owned or leased any of the homes for the employees, or listed or advertised any of the homes as a place of business.
• While it appeared that jurisdiction and venue would be proper in Delaware, the Court declined to exercise its discretion to transfer the case instead of dismissing it because BillingNetwork Patent did not ask for transfer.