RegenLab USA LLC v. Estar Technologies Ltd. et al, No. 1:2016cv08771 - Document 169 (S.D.N.Y. 2018)

Court Description: MEMORANDUM AND OPINION re: 133 MOTION to Dismiss the Complaint for Improper Venue filed by Eclipse Aesthetics LLC, 140 MOTION to Dismiss the Complaint for Improper Venue filed by Healeon Medical, Inc. Accordingly for the foregoing reasons, Eclipse's motion to dismiss for improper venue is DENIED. Healeon's motion to dismiss for improper venue is GRANTED. The Court holds that Estar is not subject to personal jurisdiction in New York pursuant to the du e process clause, but reserves its decision on whether personal jurisdiction is proper under the federal long-arm statute. Estar must submit a declaration by August 27, 2018 either "designat[ing] a suitable forum in which plaintiff could have brought suit" or stating that it is not subject to personal jurisdiction in any United States forum, in accordance with Touchcom, Inc. v. Bereskin & Par, 574 F.3d 1403, 1415 (Fed. Cir. 2009). By August 27, 2018, the parties shall file revised versions of the aforementioned briefs, adjusting the redactions in accordance with this Order. (As further set forth in this Order.) (Signed by Judge Andrew L. Carter, Jr on 8/15/2018) (cf)