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CHILDREN'S NETWORK, LLC v. PIXFUSION LLC

No. 10 Civ. 2511 (DLC).

722 F.Supp.2d 404 (2010)

CHILDREN'S NETWORK, LLC d/b/a PBS KIDS Sprout; Comcast Children's Network Holdings, LLC; and Comcast Programming Holdings, LLC, Plaintiffs, v. PIXFUSION LLC, Defendant.

United States District Court, S.D. New York.

June 30, 2010.

Attorney(s) appearing for the Case

Brian L. Ferrall, Ashok Ramani, Melissa J. Kiksch, Keker & Van Nest LLP, San Francisco, CA, Monica Bhattacharyya, Michael E. Hagenson, Kasowitz, Benson, Torres & Friedman LLP, New York, NY, for Plaintiffs.

Amr O. Aly, Marc A. Lieberstein, Frederick L. Whitmer, Kilpatrick Stockton LLP, New York, NY, for Defendant.

OPINION & ORDER

DENISE COTE, District Judge:

Defendant PixFusion, LLC ("PixFusion") has moved to transfer this declaratory judgment action to the Eastern District of Texas where patent infringement litigation involving these parties is pending. By Order dated June 17, 2010, defendant's motion was denied. This Opinion provides the factual and legal basis for the June 17 Order.

BACKGROUND

On March 19, 2010, Children's Network,...

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