District Judge Andrew L. Carter


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Defendants moved alternatively to dismiss plaintiff’s patent infringement complaint for lack of personal jurisdiction and to dismiss or transfer for improper venue. Defendant Estar Technologies, an Israeli company, asserted in support of its motion to dismiss for lack of personal jurisdiction that it was not registered to do business in New York and had no property, employees, or customers. Defendants Eclipse Aesthetics and Healeon Medical, in support of their motion to dismiss/transfer for improper venue, also argued that they did not have an established place of business in New York, although Eclipse had 2 employees in New York who processed all their business through Eclipse’s Texas office. The court first denied Eclipse’s and Healeon’s motion for further discovery, finding the record insufficient to determine whether either had a “regular and established place of business” in the district and holding that discovery regarding their New York employees’ relationships to the companies would facilitate a ruling. The court further denied Estar’s motion for additional discovery noting that New York’s long-arm statute would permit jurisdiction over a defendant committing a tortious action outside the district that caused harm within the district.