On the surface this appears to be a fairly straightforward diversity removal of a superior court action to federal court based on full diversity between the parties under 28 U.S.C. § 1338. AirWatch, LLC (“AirWatch”) is alleged to be an LLC with its principal place of business in Atlanta, Georgia, with Atlanta and Washington, D.C., shareholders, while Good Technology Corporation and Good Technology Software, Inc. (collectively “Good”) is principally based in California However, the original Good patent action, attached as an exhibit, alleges that both Good and AirWatch are Delaware corporations. In addition, Good asserts federal jurisdiction based upon 28 U.S.C. § 1441(a) alleging AirWatch’s entitlement to relief necessarily depends on a substantial question of federal patent law.
Good points out that the Fulton County Superior Court Action follows the patent infringement action filed by Good against AirWatch in California on November 14, 2012 – Case No. 5:12-cv-05827 (EJD) (“Patent Infringement Action”). Good denominates a number of quoted statements from AirWatch’s state court action complaint that are taken from Good’s website and are also direct quotes of allegations made by Good in the Patent Infringement Action. Good asserts that in order to prevail in the state court action, AirWatch must disprove statements made in the Patent Infringement Action, giving rise to the possibility of inconsistent rulings impacting patent law. However, Good did not note that the alleged defamation includes an accusation of "cheating," whereas that term was not used in the Patent Infringement Action.
The related case is: Good Technology Corporation and Good Technology Software, Inc. v. AirWatch LLC, No. CV12-05827(HRL), filed 11/14/12 in the U.S. District Court for the Northern District of California, San Jose Division, assigned to U.S. District Judge Edward J. Davila.