JURISDICTION AND PROCEDURAL ISSUES A. Subject Matter Jurisdiction

Bisnews AFE, Ltd. v. Aspen Research Group, Ltd., No. 11-3108, 2011 U.S. Dist. LEXIS 99047 (S.D.N.Y. Aug. 2, 2011)

District court granted defendant’s motion to dismiss for lack of subject matter jurisdiction where allegedly infringing acts occurred outside U.S. Plaintiff, Thailand corporation, provided real-time stock prices, analysis, news and other related information via Bisnews product utilizing Apex software licensed from defendant. Defendant, Colorado corporation, pro- vided pre-packaged software services to clients worldwide. Defendant granted plaintiff non-exclusive license to use Apex and to provide sub- license for use of Apex to plaintiff’s subscribers in Thailand.