Motion to dismiss based on lack of personal jurisdiction
Sleet, C.J. Court denies renewed motion to dismiss for lack of personal jurisdiction.
Movant is a Danish holding corporation with subsidiaries located throughout the world, including certain defendants who manufacture the allegedly infringing products. Movant does not manufacture, sell, advertise, trade or import foods or services in the United States or anywhere else in the world. Jurisdictional discovery was ordered following the initial filing of the motion to dismiss on October 31, 2005. The court’s analysis included a review of Delaware’s Long-Arm Statute as well as the Due Process Clause. Referring to 10 Del. C. §3104 (c)(1) and/or (c)(3) for support, plaintiff argued that movant acted in consort with its subsidiaries to manufacture, sell, and distribute the infringing products in the United States and Delaware. After reviewing the record, the court found sufficient evidence that movant knew that the accused products foreseeably would be sold in the United States and Delaware citing to the website of one of its subsidiaries which directs the customer to three providers of the accused product located in Wilmington Delaware. Similarly, the court found the existence of minimum contacts concluding that Delaware’s interest in the dispute is significant.
A copy of the full opinion is available here.
