Case: Patents/Jurisdiction (N.D. Cal.)

MyMail Ltd.'s motion to dismiss, in Ebates Performance Marketing Inc. d/b/a/ Rakuten Rewards and others’ action for a declaration of noninfringement of MyMail’s patents related to modifying a toolbar on a user internet device, was denied by a federal district court in California. The court concluded that it has subject matter jurisdiction over Ebates’ declaratory claims because (1) the communications between the parties included threatening language; (2) MyMail engaged in an infringement analysis; (3) MyMail imposed a deadline to respond; (4) MyMail has a history of enforcing the patents at issue here; (5) MyMail refused to give assurance that it ...