Delaware jurisdiction is proper
LG Philips LCD Co., Ltd, v. Chi Mei Optoelectronics, et al., and AU Optronics Corporation v. LG. Philips LCD, Co., Ltd, et al., C.A. Nos. 06-726 and 07-357-JJF, April 29, 2008.
Farnan, J. Defendants’ motions to dismiss for lack of personal jurisdiction and improper service of process are denied. Plaintiff’s motions for sanctions and for leave to take jurisdictional discovery are denied.
The Court ruled that jurisdiction is proper under the Delaware long-arm statute. The alleged patent infringement is a tortuous act within the meaning of section 3104(c). Sufficient evidence of a world-wide distribution network causing the accused LCD modules to be sold and distributed in well-known retail chains throughout Delaware, as well as evidence of actual accused devises present in Delaware are sufficient contacts for jurisdiction, together with evidence of revenues earned from the sale of the accused products in Delaware. The fact that defendant may not itself have sold its LCD modules to Dell and OEM’s in Delaware, it acted in concert with others to place the products for sale in Delaware. The exercise of jurisdiction further comports with due process. Given the substantial quantities of LCD modules shipped to the United States, the claim it had no inkling some would make their way into Delaware is not credible. It could reasonably have foreseen being haled into court in Delaware.
Service of process was effected by serving the Secretary of State and mailing the summons and complaint by registered mail, return receipt requested, to Defendants in Taiwan, which is not a signatory to the Hague Convention. The Court finds that such service is effective since the U.S. State Department website indicates service of process in Taiwan can be effected by international registered mail, return receipt requested. Plaintiff seeks sanctions for filing frivolous motions to dismiss. The Court find the motions were not made in bad faith nor patently unmeritorious and declines to order sanctions.
A copy of the full opinion is available here.
