By Memorandum Order entered by Chief Judge Gregory M. Sleet in Woodbolt Distribution, LLC v. Natural Alternatives International, Inc., Civil Action No,. 11-1266-GMS (D.Del., January 23, 2013), the Court granted defendant's motion to dismiss the complaint of plaintiff which sought a declaratory judgment of non-infringement and invalidity of U.S. Patent No. 8,067,381.  Of particular note was the fact that the same day that plaintiff initiated the declaratory judgment action in the District of Delaware, defendant later filed a patent infringement action in the United States District Court for the Southern District of Texas.  Id. at 1.  Through its motion, defendant sought to dismiss the declaratory judgment filed in the District of Delaware and have the case transferred to the Southern District of Texas.  After analyzing the issues, the Court concluded that, under the circumstances, discretionary dismissal was appropriate in this instance and the 'first-filed rule" did not preclude dismissal.  Id. at 2-9.

A complete copy of the Memorandum Order is attached.