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Blue Spike, LLC v. Technicolor USA, Inc. et al

MOTION to Dismiss for Lack of Jurisdiction , Improper Venue, and Insufficient Service of Process

21 Cited authorities

  1. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,467 times   88 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  2. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 17,188 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  3. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,405 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  4. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,988 times   110 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  5. Hanson v. Denckla

    357 U.S. 235 (1958)   Cited 7,967 times   11 Legal Analyses
    Holding that personal jurisdiction over defendant trustee was inappropriate when defendant's only contacts with the forum resulted from plaintiff-settlor's unilateral activity of moving to Florida

  6. Volkswagenwerk Aktiengesellschaft v. Schlunk

    486 U.S. 694 (1988)   Cited 882 times   10 Legal Analyses
    Holding that a state law permitting a foreign corporation to be served domestically through its U.S. subsidiary did not implicate the Hague Service Convention

  7. Revell v. Lidov

    317 F.3d 467 (5th Cir. 2002)   Cited 573 times   3 Legal Analyses
    Holding sales of thirty-five subscriptions in two years insufficient for general jurisdiction

  8. Avocent Huntsville Corp. v. Aten Int’l Co.

    552 F.3d 1324 (Fed. Cir. 2009)   Cited 381 times   11 Legal Analyses
    Holding that "letters threatening suit for patent infringement sent to the alleged infringer by themselves do not suffice to create personal jurisdiction"

  9. Nuovo Pignone, SpA v. Storman Asia M/V

    310 F.3d 374 (5th Cir. 2002)   Cited 415 times   5 Legal Analyses
    Holding that the Hague Convention does not allow for service by mail

  10. Grober v. Mako Prods., Inc.

    686 F.3d 1335 (Fed. Cir. 2012)   Cited 214 times   1 Legal Analyses
    Holding that a defendant's publications in a national publication—even a publication based in the forum state—is not a “contact” with a “specific” forum

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 4 - Summons

    Fed. R. Civ. P. 4   Cited 72,180 times   128 Legal Analyses
    Holding that if defendant is not served within 90 days after the complaint is filed, the court—on a motion, or on its own following notice to the plaintiff—must dismiss the action without prejudice against that defendant or order that service be made by a certain time

  13. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,794 times   199 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  14. Section 1400 - Patents and copyrights, mask works, and designs

    28 U.S.C. § 1400   Cited 2,192 times   321 Legal Analyses
    Identifying proper venue for copyright and patent suits

  15. Section 17.044 - Substituted Service on Secretary of State

    Tex. Civ. Prac. & Rem. Code § 17.044   Cited 136 times
    Outlining substituted service on the Secretary of State

  16. Section 17.045 - Notice to Nonresident

    Tex. Civ. Prac. & Rem. Code § 17.045   Cited 66 times
    Requiring the Secretary to send the process or notice by registered mail or by certified mail, return receipt requested