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Chicago IP Litigation Tracking Northern District of Illinois IP Cases

Court has Jurisdiction Over Foreign Defendant But Service was Not Perfected

Posted in Jurisdiction

Bobel v. U Lighting Am., Inc., No. 12 C 6064, Slip Op. (N.D. Ill. Feb. 16, 2013) (Kennelly, J.).

Judge Kennelly granted in part defendant U Lighting Group’s (“ULG”) motion to dismiss plaintiff’s patent case for lack of personal jurisdiction and improper service.  The Court held that personal jurisdiction was proper:

  • ULG identifies co-defendant U Lighting America (“ULA”) as its US office; and
  • ULG frequently communicates with ULA.

But while the Court had personal jurisdiction, plaintiff did not properly serve ULG.  Plaintiff served ULG by personally serving ULA’s president.  Pursuant to Fed. R. CIv. P. 4(f)(3), plaintiff could have served ULG via its representative.  But plaintiff can only serve in that manner with leave of the Court, which ULG never sought.