Court finds no jurisdiction over individual defendant and venue is proper.
CNH America LLC and Blue Leaf I.P., Inc. v. Jon E. Kinzenbaw and Kinze Manufacturing, Inc.,
C.A. No. 08-945-GMS, November 9, 2009.
Sleet, C. J. Defendant’s motion to dismiss for lack of jurisdiction over the person and improper venue and to transfer venue is granted in part and denied in part.
Plaintiff alleges that certain agricultural equipment manufactured by defendants infringes the patent-in-suit. The individual defendant moves to dismiss for lack of personal jurisdiction. The only basis for jurisdiction alleged in the complaint is based on an alter ego theory. However, mere ownership or direction of a corporate entity is not a sufficient basis for jurisdiction. Without more, dismissal is warranted. The remaining corporate defendant has failed to establish that venue is improper. There are no allegations the defendant does not have the resources to litigate here. Witnesses can be deposed in their home state and defendant does not contend that witnesses or other evidence will be unavailable for trial. Therefore, the Court will not disturb plaintiff’s choice of venue.
