Encore Packaging, LLC v. Benchmark Industrial Inc., No. 25 C 6865, Slip Op. (N.D. Ill. Mar. 19, 2026) (Durkin, J.).

Judge Durkin denied Defendant Benchmark Industrial’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this case involving claims for copyright infringement, trade secret misappropriation, and breach of contract arising from a failed business relationship between an Illinois packaging manufacturer and an Ohio packaging supplier.

Encore Packaging alleged that Benchmark approached it with a proposal to design and manufacture paper dispensing units for Amazon’s transition to recyclable packaging. Encore further alleged that Benchmark repeatedly sent employees to Encore’s Illinois facility over several months to inspect designs, assess production capabilities, and discuss the Amazon deal. Benchmark also communicated with Encore “many times over many months” by phone, email, and text, and made payments to Encore in connection with the proposed deal.

Benchmark largely conceded the facts but argued that:

(1) contracting with an out-of-state party alone cannot establish minimum contacts;

(2) emails do not exist in any fixed location under Advanced Tactical Ordnance Sys. LLC v. Real Action Paintball Inc., 751 F.3d 796 (7th Cir. 2014);

(3) payments via automated clearing house were equally “fortuitous” as to location; and

(4) none of the employee visits were material to the claims’ elements.

The Court rejected each argument. Citing North v. Ubiquity, Inc., 72 F.4th 221 (7th Cir. 2023), the Court held that Benchmark “reached out” from Ohio to Illinois with a proposal that induced Encore to design and manufacture a product, then monitored that process over many months. Unlike Advanced Tactical, where a mass email’s connection to the forum was fortuitous, Benchmark intentionally sent communications to Encore knowing it was in Illinois. And regardless of the form of payment, “its ultimate destination was Illinois.” The Court also rejected Benchmark’s contention that its employee visits bore no relation to the claims, finding that the visits directly established the very agreements that Encore now alleges were breached. Finally, the Court found that asserting jurisdiction was fair and just, noting Illinois’s strong interest in providing a forum for its residents and that five of Encore’s seven claims arise under Illinois law.