comScore, Inc. v. Integral Ad Science, Inc.

924 F. Supp. 2d 677, 2013 WL 597492
CourtDistrict Court, E.D. Virginia
DecidedFebruary 15, 2013
DocketCivil Action Nos. 2:12cv351, 2:12cv396, 2:12cv695
StatusPublished
Cited by30 cases

This text of 924 F. Supp. 2d 677 (comScore, Inc. v. Integral Ad Science, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
comScore, Inc. v. Integral Ad Science, Inc., 924 F. Supp. 2d 677, 2013 WL 597492 (E.D. Va. 2013).

Opinion

OPINION AND ORDER

HENRY COKE MORGAN, JR., Senior District Judge.

This matter is before the Court on Defendants Integral Ad Science, Inc.’s (“Ad [679]*679Science”),1 Double Verify, Inc.’s (“Double Verify”), and Moat, Inc.’s (“Moat”) (collectively, “Defendants”) three respective Motions to Transfer Venue Pursuant to 28 U.S.C. § 1404(a). Does. 17 (2:12cv351), 27 (2:12cv396), 28 (2:12cv695).2 On January 24, 2013, the Court convened a hearing and ruled from the bench. The Court DENIED Defendants’ Motions and now issues this Opinion and Order setting forth the reasons for its ruling in further detail.

I. FACTUAL BACKGROUND AND PROCEDURAL HISTORY

A. The Patents at Issue and Procedural History

From August 22, 2000, through July 13, 2010, the United States Patent and Trademark Office (the “USPTO”) issued the following U.S. Patents to inventor Trevor Blumenau: Nos. 6,108,637 (the “'637 patent”); 6,327,619 (the “'619 patent”); 6,418,470 (the “'470 patent”); 7,386,473 (the “'473 patent”); 7,613,635 (the “'635 patent”); 7,716,326 (the “'326 patent”); and 7,756,974 (the “'974 patent”). Doc. 1, ¶¶ 6-13 (Compl.).3 According to Plaintiff comScore, Inc. (“Plaintiff’ or “comScore”), Mr. Blumenau resides in Piano, Texas. Doc. 23 at 2. On September 5, 2000, the USPTO issued U.S. Patent No. 6,115,680 (the “'680 patent”) to inventors Steven R. Coffey, David B. Pinsley, Karen A. Poloniewicz, Stephen J. Costello, as well as other unnamed inventors. Doc. 1, ¶ 7; see also Doc. 18, Att. 3. According to Defendants, each of these named inventors resides in New York, New York. Doc. 18 at 4. Defendants also allege that a lawyer who communicated with the inventors of the '680 patent and inappropriately failed to disclose relevant prior art to the USP-TO is based in New York. Doc. 28 at 5 (2:12cv396).

Each of these patents (collectively, “patents-in-suit”) pertain to the gathering of information regarding the manner in which content is transferred over the Internet, such as how webpages and advertisements are displayed, as well as how end users view and interact with such content. See Doc. 1, ¶¶ 14-15. Subsequent to their issuance, the patents-in-suit were all assigned to the Nielsen Company (U.S.), LLC (Nielsen).4 See Doc. 18, Att. 3. Nielsen’s principal place of business is New York, New York. Doc. 18. On March 25, 2011, Nielsen filed suit against Plaintiff in the Eastern District of Virginia, alleging that Plaintiff infringed four of the patents-in-suit. See Nielsen Co. (US) LLC v. comScore, Inc., No. 2:11cv168 (E.D.Va.). Ultimately, Nielsen and Plaintiff settled their suit, and, as part of that settlement, [680]*680all of the patents-in-suit were assigned to Plaintiff. Doc. 18 at 3.

Plaintiff subsequently filed three separate actions, alleging that each Defendant is directly and indirectly infringing the patents-in-suit by making and selling software products and services that gather information in a manner protected by the patents at issue. Doc. 1 (2:12cv351, Compl.), Doc. 1 (2:12cv396, Compl.), Doc 1 (2:12cv695, Compl.). Specifically, Plaintiff alleges that Ad Science’s “Ad Viewability” product and service, Double Verity's “Ad-View, AdAssure, and Dual Verification” products and services, and Moat’s “Brand Analytics and Ad Search” products and services all infringe the patents-in-suit. Id.

On September 20, 2012, Ad Science filed its Motion to Transfer Venue, along with a Memorandum in Support and various exhibits. Docs. 17, 18. On October 4, 2012, Plaintiff filed a Memorandum in Opposition, with corresponding exhibits. Doc. 23. Then, on October 10, 2012, Ad Science filed a Rebuttal in Support of its Motion and supporting exhibits. Doc. 24. Next, on October 17, 2012, Double Verify filed its Motion to Transfer Venue, along with a Memorandum in Support and various Exhibits. Docs. 27-29 (2:12ev396). On November 7, 2012, Plaintiff filed its Memorandum in Opposition, Doc. 35 (2:12cv396), and on November 16, 2012, Double Verify filed its Rebuttal and declaration in support. Docs. 36, 37 (2:12cv396). Finally, on November 9, 2012, Moat filed its Motion to Transfer Venue, along with a Memorandum in Support and various exhibits. Docs. 28, 29 (2:12cv695).5 Plaintiff proceeded to file its Memorandum in Opposition on November 23, 2012, Doc. 35 (2:12cv695), and on November 29, 2012, Moat filed its Reply. Doc. 37 (2:12cv695). All three cases were then assigned to this Court, and on December 20, 2012, the Court consolidated the cases for the purpose of all pretrial proceedings. Doc. 30.

B. The Parties

1. Plaintiff comScore

Plaintiff is a corporation organized and existing under the laws of Delaware with its principal place of business and global headquarters in Reston, Virginia. Doc. 23, Att. 2. Indeed, Reston has been Plaintiffs global headquarters since its inception in 1999. Id. at ¶ 2. There, Plaintiff produces and offers for sale the following products: (1) AdEffx product suite (“AdEffx”); (2) validated Campaign Essentials (“vCE”); and (3) Digital Analytix Monetization (“DAx Monetization”), which, according to Plaintiff, compete with Defendants’ alleged infringing products in the ad verification sphere.6 Id. at ¶ 3. Plaintiffs headquarters in Reston is also the home to both employees who have knowledge of, and documents relating to, the operation, function, sales, and marketing of these products. Id. at ¶¶ 4-5, 7.

2. Defendant Ad Science

Ad Science is a Delaware corporation with its principal place of business in New York, New York. Doc. 18, Att. 1. The vast majority of the employees with knowledge of the development, implementation, and operation of Ad Science’s alleged infringing “Ad Viewability” product are based in [681]*681New York, New York. Id. at ¶ 3. The same is true for the documents related to this product. Id. Ad Science avers that it is currently running three main campaigns with its Ad Viewability software, two of which are run for New York-based customers and none of which are run for Virginia customers. Id. at ¶ 5. Additionally, Ad Science asserts that it owns no property, has no offices, and maintains no corporate or sales presence in Virginia. Id. at ¶¶ 7-13. Finally, Ad Science notes that its products are “live-in” products that require constant day-to-day maintenance and enhancement, and as such, that the absence of its employees will interfere with its business. Id. at ¶ 4.

3. Defendant Double Verify

Double Verify is also a Delaware corporation with its headquarters and principal place of business in New York, New York. Doc. 28, Att. 1 (2:12cv396). Prior to 2009, its principal place of business was in Israel; however, the vast majority of its operations and employees have been transferred to New York. Id. at ¶ 3. Additionally, Double Verity’s alleged infringing products were researched and produced in either Israel or New York and all “[cjurrent research, design, development and testing of these products” occurs in New York. Id. at ¶¶ 4-5.

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Cite This Page — Counsel Stack

Bluebook (online)
924 F. Supp. 2d 677, 2013 WL 597492, Counsel Stack Legal Research, https://law.counselstack.com/opinion/comscore-inc-v-integral-ad-science-inc-vaed-2013.