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Honeywell International Inc. v. Mek Chemical Corporation

BRIEF in Opposition

42 Cited authorities

  1. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,925 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.

  2. Cooter Gell v. Hartmarx Corp.

    496 U.S. 384 (1990)   Cited 4,147 times   6 Legal Analyses
    Holding that it is necessarily an abuse of discretion to apply the wrong legal standard

  3. J. McIntyre Machinery, Ltd. v. Nicastro

    564 U.S. 873 (2011)   Cited 1,352 times   36 Legal Analyses
    Holding that a metal-shearing machine manufacturer based in England that engaged an independent distributor to sell its machines across the U.S. was not subject to personal jurisdiction in New Jersey where the plaintiff was injured while using one of the company's machines

  4. Oppenheimer Fund, Inc. v. Sanders

    437 U.S. 340 (1978)   Cited 4,419 times   20 Legal Analyses
    Holding that that the production of putative class members' names pursuant to Federal Rule 26 was not "within the scope of legitimate discovery."

  5. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,707 times   109 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) )

  6. Miller Yacht Sales, Inc. v. Smith

    384 F.3d 93 (3d Cir. 2004)   Cited 1,002 times
    Holding that when a court does not hold an evidentiary hearing on the motion, a plaintiff's allegations will be treated as if they were true

  7. Toys “R” Us, Inc. v. Step Two, S.A.

    318 F.3d 446 (3d Cir. 2003)   Cited 990 times   2 Legal Analyses
    Holding that two sales initiated by the plaintiff cannot establish personal jurisdiction

  8. Metcalfe v. Renaissance Marine

    566 F.3d 324 (3d Cir. 2009)   Cited 659 times   1 Legal Analyses
    Holding that the plaintiffs ought to have the opportunity to conduct personal discovery, where the plaintiffs' claim was not frivolous and they were "faced with the difficult task of trying to establish personal jurisdiction over a corporation"

  9. Mellon Bank (East) PSFS, National Ass'n v. Farino

    960 F.2d 1217 (3d Cir. 1992)   Cited 1,132 times
    Holding that plaintiff's right to conduct jurisdictional discovery should be sustained when factual allegations suggest the possible existence of requisite contacts between the defendant and the forum state with "reasonable particularity"

  10. Red Wing Shoe Co. v. Hockerson-Halberstadt

    148 F.3d 1355 (Fed. Cir. 1998)   Cited 512 times   25 Legal Analyses
    Holding that a "patentee [does] not subject itself to personal jurisdiction in a forum solely by informing a party who happens to be located there of suspected infringement," as "[grounding personal jurisdiction on such contacts alone would not comport with principles of fairness."

  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 348,708 times   930 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 69,863 times   123 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. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,047 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,071 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  15. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,069 times   1055 Legal Analyses
    Holding that testing is a "use"

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

    28 U.S.C. § 1400   Cited 2,170 times   321 Legal Analyses
    Identifying proper venue for copyright and patent suits