By Memorandum Opinion entered by The Honorable Gregory M. Sleet in Constant Contact Inc. v. Umbanet Inc., Civil Action No. 12-1467 (D.Del., March 12, 2014), the Court granted defendant Umbanet’s Motion to Transfer the declaratory judgment action filed by plaintiff Constant Contact to the United States District Court for the District of New Jersey. Umbanet had previously filed suit in the District of New Jersey against one of the customers of Constant Contact alleging that its customer’s use of Constant Contact’s “Email Marketing” service infringed U.S. Patent Nos. 7,076,730 and 7,444,374 (collectively, “the patents-in-suit”). Constant Contact’s complaint sought a declaratory judgment that the patents-in-suit are invalid and that none of its customers are infringing the patents-in-suit by using Constant Contact’s email marketing products. See id. at 1-2.
After analyzing the Jumara factors, the Court ultimately concluded that transfer of the declaratory judgment action to the District of New Jersey would best serve the interests of justice and convenience. See id. at 2-10. A copy of the Memorandum Opinion is attached.