United States District Court, D. Colorado
ORDER ON MOTION TO DISMISS
MICHAEL E. HEGARTY, Magistrate Judge.
Before the Court is Defendant's Motion to Dismiss for Lack of Personal Jurisdiction [filed May 18, 2015; docket #20]. The matter is fully briefed, and the Court held oral argument on May 28, 2015. For the reasons that follow, the Court grants the motion.
I. Procedural History
Plaintiff Medinfo, Inc. ("Medinfo") initiated this action against Defendant MedTool LLC ("MedTool"), a Michigan corporation, on February 6, 2015, alleging patent infringement of two patents concerning foldable clipboards (that are used by medical professionals). Complaint, docket #1.
MedTool filed the present Motion to Dismiss on May 18, 2015, arguing that MedTool has not conducted general business activities in Colorado, has not engaged in actions directed toward Colorado involving the alleged offending product, and thus is not susceptible to personal jurisdiction in Colorado. Therefore, MedTool argues, the exercise of personal jurisdiction over it in this Court would violate principles of Due Process.
Medinfo contends that it notified MedTool of the alleged infringement in September 2014 and, thus, MedTool has engaged in willful infringement since that time, knowingly doing direct harm to a Colorado corporation. Medinfo believes that such "express aiming constitutes a purposeful availment such that MedTool should reasonably anticipate being subject to personal jurisdiction" in Colorado. Response at 1.
II. Relevant Facts
Although not alleged in the Complaint, the Court will accept, as true, Medinfo's proffered allegation (made in its Response and at the oral argument) that on September 27, 2014, it informed MedTool that the latter's products were infringing the former's patents. Other facts proffered to this Court and accepted as true for purposes of this Motion, based on the parties' argument in Court and their briefs, are that (1) the only sale ever made by MedTool into Colorado was an order placed pre-litigation by Plaintiff's counsel; (2) MedTool has no offices or employees in Colorado and does not direct any activity toward Colorado other than maintaining a moderately interactive website that may be accessed in Colorado; and (3) Medinfo is a Colorado resident, and MedTool is a Michigan resident.
I. Governing Law
As Defendant argues, "Federal Circuit law governs personal jurisdiction determinations in patent cases." Colida v. LG Electronics, Inc., 77 F.Appx. 523, 525 (Fed. Cir. 2003) (citing Akro Corp. v. Luker, 45 F.3d 1541, 1543 (Fed. Cir. 1995)).
II. Fed.R.Civ.P. 12(b)(2)
When the Court has not conducted an evidentiary hearing, the plaintiff need only make a prima facie showing that jurisdiction exists. AFTG-TG, LLC v. Nuvoton Tech. Corp., 689 F.3d 1358, 1360 (Fed. Cir. 2012). To defeat a plaintiff's prima facie showing of jurisdiction, a defendant must present a compelling case demonstrating that the presence of some other considerations would render jurisdiction unreasonable. Nuance Comm'ns, Inc. v. Abbyy ...