Kroto Inc. v. Chapa, No. 17 C 1218, Slip Op. (N.D. Ill. Jun. 22, 2017) (Der-Yeghiayan, J.). Judge Der-Yeghiayan granted declaratory judgment defendants’ Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction, but denied their sanctions motion in this copyright dispute. Declaratory judgment plaintiff Kroto’s jurisdictional allegation revolved around defendants’ copyright … Continue Reading
Direct Fitness Sol’ns., LLC v. Direct Fitness Sol’ns., LLC, No. 17 C 5316, Slip Op. (N.D. Ill. Nov. 16, 2017) (Bucklo, J.). Judge Bucklo granted defendant’s Fed. R. Civ. P. 12(b) motion to dismiss for lack of personal jurisdiction and to find this trademark case exceptional. The Court held that it lacked personal jurisdiction for … Continue Reading
Kroto Inc. v. Chapa, No. 17 C 1218, Slip Op. (N.D. Ill. Jun. 22, 2017) (Der-Yeghiayan, J.). Judge Der-Yeghiayan granted defendants’ motion to dismiss for lack of personal jurisdiction, but denied defendants’ motion for sanctions in this declaratory judgment copyright case. The only link plaintiff Kroto established between defendants and Illinois was the sending of … Continue Reading
Torrent Pharma. Ltd. V. Daiichi Sankyo, Inc., No. 16 C 2988, 3956 & 4876, Slip Op. (N.D. Ill. Jul. 25, 2016) (Pallmeyer, J.). Judge Pallmeyer granted declaratory judgment defendants’ Fed. R. Civ. P. 12(b) motion to dismiss for lack of personal jurisdiction in this ANDA patent litigation involving Benicar®, a drug for treating hypertension. As … Continue Reading
Johnson a/k/a Sylvester Thompson v. Barrier p/k/a Eric B., No. 15 C 3928, Slip Op. (N.D. Ill. Jan. 4, 2017) (St. Eve, J.). Judge St. Eve granted defendant UMG Recordings’ Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction over plaintiff’s third amended complaint. Of particular note, the court held as … Continue Reading
Deckers Outdoor Corp. v. Australian Leather Pty. Ltd., No. 16 C 3676, Slip Op. (N.D. Ill. Jan. 25, 2017) (Shah, J.). Judge Shah denied individual defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act dispute over plaintiff Deckers’ UGG and CARDY marks. The corporate defendant Australian … Continue Reading
Weber-Stephen Prods., LLC v. Char-Broil, LLC, No. 16 C 4483, Slip Op. (N.D. Ill. Oct. 5, 2016) (Gettleman, J.). Judge Gettleman denied defendant Char-Broil’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction and granted Char-Broil’s corporate parent Bradley’s motion to dismiss on the same grounds. The Court also granted defendants’ … Continue Reading
Johnson v. Barrier, No. 15 C 3928, Slip Op. (N.D. Ill. Jun. 28, 2016) (St. Eve, J.). Judge St. Eve granted defendant UMG Recordings’ (“UMG”) Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiff’s complaint for lack of personal jurisdiction in this copyright dispute involving plaintiff’s song “I Feel an Urge.” The Court also granted … Continue Reading
Coach, Inc. v. Di Da Import & Export, Inc. (d/b/a Di Da New York), No. 13 C 7165, Slip Op. (N.D. Ill. Dec. 15, 2015) (Der-Yeghiayan, J.). Judge Der-Yeghiayan granted in part defendants’ Fed. R. Civ. P. 12(b)(2) & (5) motion to dismiss for lack of personal jurisdiction and insufficient service of process in this … Continue Reading
Telemedicine Sol’ns LLC v. WoundRight Techs, LLC, No. 13 C 3431, Slip Op. (N.D. Ill. Mar. 14, 2014) (Dow, J.). Judge Dow granted defendant WoundRight Technologies’ (“WoundRight”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving plaintiff Telemedicine Solutions’ (“Telemedicine”) & WOUND ROUNDS federal registration. … Continue Reading
Snap-On Inc. v. Robert Bosch, LLC, No. 09 C 06914, Slip Op. (N.D. Ill. Sept. 26, 2013) (Kocoras, J.). Judge Kocoras denied defendant Beissbarth’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this patent infringement case involving patents relating to an optical wheel alignment system. Plaintiff asserted jurisdiction over … Continue Reading
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 … Continue Reading
Flava Works, Inc. v. Rowader, No. 12 C 7181, Slip Op. (N.D. Ill. Nov. 16, 2012) (Lefkow, J.). Judge Lefkow denied defendant’s Fed. R. Civ. P. 12(b)(2) motion to dismiss plaintiff Flava Works copyright suit for lack of jurisdiction and improper venue. Defendant – a California citizen who did not direct any business at Illinois … Continue Reading
Pumponator Inc. v. Watersports, LLC, No. 11 C 3956, Slip Op. (N.D. Ill. April 5, 2012) (Aspen, Sen. J.). Judge Aspen denied the Ketz defendant’s (“Ketz”) Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving water-balloon filling devices. The Court did not address whether it … Continue Reading
Judge Bucklo denied defendant Life+Gear's Fed. R. Civ. P. 12(b)(2) and (3) motion to dismiss for lack of personal jurisdiction and improper venue in this patent dispute. While Life+Gear did not have Illinois offices, it did have an interactive website and at least one Illinois sale. Life+Gear also sold product to two distributors that sold that product in Illinois and Life+Gear was reasonably aware of those channels of sale.
Venue was proper because venue in a patent case exists wherever there is personal jurisdiction.
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Judge Manning dismissed plaintiff Millenium TGA's case against a Doe defendant identified by its computer IP address ("Doe") for lack of personal jurisdiction. Doe was not an Illinois resident. And Millenium TGA offered no proof that Doe's actions in allegedly using Bit Torrent to download copyrighted video files were targeted at Illinois. Being part of a Bit Torrent "swarm" that downloaded a video did not rise to the level of targeting Illinois.
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Millennium TGA, Inc. v. Doe, No. 10 C 5603, Slip Op. (N.D. Ill. Aug. 24, 2011) (Manning, J.).
Judge Manning held in abeyance Doe defendant's motion to quash a subpoena issued to its alleged internet service provider and Doe's motion to dismiss the case for lack of personal jurisdiction. Plaintiff Millennium TGA reasoned that the subpoenaed information would allow it to show that Doe's actions were directed at Illinois and within the Courts' jurisdiction.
The Court was "troubled" by Millennium TGA's claims that it needed jurisdictional discovery, as opposed to discovery only seeking Doe's identity. Millennium TGA already filed a complaint alleging jurisdiction upon information and belief. The Court, therefore, ordered Millennium TGA to file a brief detailing how the information it sought was necessary. And the Court held the motions in abeyance pending that brief. The Court also warned Millennium TGA that it would initiate sanctions proceedings if Millennium TGA had not met its Fed. R. Civ. P 11 obligations.
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Fasteners for Retail, Inc. v. Andersen, No. 11 C 2164 Slip. Op. (N.D. Ill. Aug. 30, 2011) (Kennelly, J.).
Judge Kennelly denied defendant Andersen's motion to dismiss this patent and trade secret case. The Court had personal jurisdiction over Andersen because he worked for defendant K International, an Illinois entity, and Andersen had solicited his former customers in Illinois.
Venue was also proper in the Northern District. A substantial part of the facts at issue occurred in Illinois. The parties' prior agreement did not release plaintiff's trade secret claims because they were not contemplated when plaintiff signed the agreement.
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Modern Trade Comms., Inc. v. PSMJ Resources, Inc., No. 10 C 5380, Slip Op. (N.D. Ill. Aug. 19, 2011) (Pallmeyer, J.).
Judge Pallmeyer granted defendants PSMJ Resources' ("PSMJ") and Oser Communications' ("Oser") motion to dismiss for lack of personal jurisdiction in this Lanham Act case involving plaintiff Modern Trade Communications' ("MTC") rights in its Metal Construction News mark for a metal industry trade publication. At the Metalcon tradeshow in 2010, Oser distributed a daily publication entitled Metal Daily News at PSMJ's direction. MTC alleged that the Metal Daily News title infringed its Metal Construction News mark, which MTC used to publish an official show guide at the same conference.
PSMJ was a Massachusetts company without offices or personnel in Illinois. It approximated that 3% of its revenue at the 2009 Metalcon show in Florida was from Illinois residents. PSMJ's website was not interactive. PSMJ did produce six training seminars unrelated to Metalcon in Illinois. PSMJ's small revenues from Illinois residents did not create general jurisdiction. While related to Metalcon, PSMJ's contract with a third party in Illinois did not create specific jurisdiction. And PSMJ's production of the 2002 Metalcon in Illinois did not create specific jurisdiction because the accused Metal Daily News was only distributed at the 2010 Metalcon in Las Vegas. The Court, therefore, had neither general nor specific jurisdiction over PSMJ.
Oser was an Arizona company without offices or personnel in Illinois, although Oser did distribute publications at two to three trade shows per year in Chicago. Oser's website was passive, except that the 2010 Metal Daily News was available on the site for downloading. Attendance at two to three trade shows each year in Chicago did not create the systematic contacts necessary for general jurisdiction. Oser's website was not sufficient to create specific jurisdiction. MTC made no allegation that the website was targeted at Illinois, and the availability of the publication as a free download was not sufficient either. And MTC did not allege how Oser's alleged infringement in Las Vegas was tied to Oser's Illinois activities. Furthermore, the sale of an advertisement in the Metal Daily News to an Illinois resident, even combined with the website allegations, was not sufficient to create specific jurisdiction.
The Court also denied MTC's motion to amend because it did not allege any new facts that might create personal jurisdiction.
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Culligan Int’l Co. v. Water Sys. of Birmingham, Inc., No. 10 C 8199, Slip Op. (N.D. Ill. Apr. 27, 2011) (Bucklo, J.). The Court granted defendants’ Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this trademark dispute regarding plaintiff’s CULLIGAN marks. Defendants were Alabama entities without offices, employees or … Continue Reading
TechnoLines, LP v. GST Autoleather, Inc., No. 11 C 965, Slip Op. (N.D. Ill. Jun. 30, 2011) (Grady, J.).
Judge Grady granted defendant GST's motion to dismiss plaintiffs' patent claims for improper revenue and lack of production and dismissed the remaining state law claims without prejudice to be refiled pursuant to diversity jurisdiction, if possible.
The Court's key rulings were:
GST's failed license negotiations with plaintiff Echelon in Illinois alone could not create personal jurisdiction.
Echelon residing in Illinois and, therefore, having been allegedly harmed in Illinois does not create personal jurisdiction. GST's conduct must have been specifically directed at Illinois. And there was no evidence that GST sold product into Illinois.
GST's phone calls and emails to Echelon in Illinois did not create personal jurisdiction.
The Court refused supplemental jurisdiction over the remaining state law claims, and gave plaintiff a deadline for repleading based upon diversity jurisdiction, if it could.
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Revenue Realization LLC v. H&R Block, Inc., No. 11 C 85, Slip Op. (N.D. Ill. Apr. 11, 2011) (Shadur, Sen. J.).
Judge Shadur granted defendant H&R Block's motion to dismiss, after granting plaintiff Revenue Realization leave to file its response to the motion and fully considering it. Revenue Realization accused H&R Block of patent infringement. H&R Block moved to dismiss because it was a passive holding company for a variety of subsidiaries and, therefore, was not the proper H&R Block defendant.
H&R Block offered to identify the proper entities for Revenue Realization. But Revenue Realization refused the offer, as well as the Court's suggestion that it file against all possible subsidiaries and narrow the defendants based upon the entities' subsequent motions to dismiss. Instead Revenue Realization argued that the Federal Circuit's decision in Nuance Commc'ns, Inc. v. Abbyy Software House, 626 F.3d 1222 (Fed. Cir. 2010) confirmed that the Court had jurisdiction over a passive parent entity in patent cases. The Court, however, held that the opinion stood for quite a different proposition and was a "weak reed to lean on." In fact, Nuance dealt with a subsidiary entity that had direct contacts with the forum. In contrast, H&R Block was a true holding company. And the fact that H&R Block defined itself as including its subsidiaries in certain SEC filings was irrelevant to the Court's analysis.
The Court finished the opinion referring to the New Yorker's old practice of filling the final page of an article that otherwise would have left a portion blank with a section captioned "Department of Clotted Nonsense" containing amusing quotations and reprinted errors from other publications. The Court then granted plaintiff leave to file its response brief, and noted that the Court had already fully considered it.
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Deckers Outdoor Corp. v. Does 1-55, No. 114 C 10, Slip Op. (N.D. Ill. May 24, 2011) (Darrah, J.)
Judge Darrah dismissed without prejudice plaintiff's motion for a default judgment in this Lanham Act case about the UGG mark. The Court held that it would not exercise personal jurisdiction over the Does based solely on interactive websites without additional facts as to whether the websites were aimed at Illinois.
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Trading Techs. Int.'l, Inc. v. BCG Partners, Inc., No. 10 C. 715 (Consolidated), Slip Op. (N.D. Ill. Mar. 28, 2011) (Kendall, J.).
Judge Kendall denied without prejudice defendant's (collectively "BCG") motion to dismiss for lack of personal jurisdiction. BCG argued that its named entities were holding companies without operational responsibility, and that none had officers in Illinois. Plaintiff Trading Technologies ("TT"), however, produced evidence that one or more of the BCG entities had Illinois officers in Illinois for the purposes of selling the accused eSpeed software. Furthermore, certain government filings suggested that one or more of the BCG entities were operational entities. The Court, therefore, denied BCG's motion with leave to refile after the parties completed limited jurisdictional discovery and TT replead to the extent it felt necessary.
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