This section contains the nature of the case and procedural background.

P is incorporated in New Mexico with a principal place of business in New York. P is the assignee of two patents. Between 1997 and 1998 P offered to sell D and others the technology embodied in its patents. In 1998, copies of a video which illustrated this technology were distributed to potential customers, and in 1999 the video was made available for public viewing on P's website. D is a Delaware Corporation with offices in Oklahoma City. In December 2000, D unveiled a roller coaster called 'X' at its theme park, Magic Mountain, located in Valencia, California. The roller coaster was being manufactured by Arrow Communications. P notified D that X misappropriated P's technology. D never responded to this notification. P sued D in federal court in the Northern District of New York. Presently before the court is a motion by D to dismiss the entire action for failure to state a claim upon which relief may be granted pursuant to Fed. R. Civ. P. 12(b)(6), for lack of subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1), and for improper venue pursuant to Fed. R. Civ. P. 12(b)(3). In the alternative D moves to transfer venue pursuant to § 1404(a).

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