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AFTG-TG, LLC v. Nuvoton Tech. Corp.

United States Court of Appeals for the Federal Circuit

August 24, 2012, Decided

2011-1306, 2011-1307

Opinion

 [***1217]   [*1360]  Per Curiam.

AFTG-TG LLC ("AFTG") and Phillip M. Adams & Associates, LLC ("Adams") (collectively "AFTG") appeal the United States [***1218]  District Court for the District of Wyoming's dismissal of defendants Pegatron Corporation ("Pegatron"), Pegatron Technology Service, Inc. ("PTS"), Unihan, ASUSTeK Computer Inc. ("ASUSTeK"), and ASUS Computer International ("ASUS") for lack of personal jurisdiction. Because the record and pleadings demonstrate insufficient contacts with the forum state, this court affirms.

AFTG filed two actions in the District of Wyoming, claiming that the defendants infringe several of its patents. Pegatron, PTS, and Unihan are named  [**2] as defendants in one case; ASUSTeK and ASUS are named as defendants in the other. AFTG's allegations are the same in both cases. The complaints generally allege that the defendants' manufacturing, use, testing, and importation of computer chips, motherboards, computers, and other products directly infringe AFTG's patents and that the defendants knowingly and intentionally induce and contribute to others' infringement. A list of asserted claims for the patents-in-suit accompanies the infringement assertions. The complaint against Pegatron, PTS, and Unihan also alleges misappropriation of trade secrets. In both cases, the defendants filed motions to dismiss for lack of personal jurisdiction.

] Because the district court relied on the complaint and written submissions without holding an evidentiary hearing, AFTG is required to allege only a prima facie showing that the defendants are subject to personal jurisdiction in Wyoming. Elecs. For Imaging, Inc. v. Coyle, 340 F.3d 1344, 1349 (Fed. Cir. 2003). For purposes of this evaluation, this court accepts uncontroverted allegations in the complaint as true and resolves factual disputes in the plaintiffs' favor. Id.

The district court evaluated  [**3] its personal jurisdiction under Wyoming's long-arm statute. See Trintec Indus. v. Pedre Promotional Prods., Inc., 395 F.3d 1275, 1279 (Fed. Cir. 2005). Its two-step analysis first looked to the state long-arm statute and then determined the proper application of due process requirements. Id. ] Wyoming's personal jurisdiction statute explicitly reaches to the full extent of the United States and Wyoming constitutions. See e.g., Wyo. Stat. Ann. § 5-1-107(a) ("A Wyoming court may exercise jurisdiction on any basis not inconsistent with the Wyoming or United States constitution."); Markby v. St. Anthony Hosp. Sys., 647 P.2d 1068, 1070 (Wyo. 1982). Because Wyoming's long-arm statute incorporates the reach of due process, the district court collapsed the jurisdictional analysis into a single due process inquiry.

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689 F.3d 1358 *; 2012 U.S. App. LEXIS 18030 **; 104 U.S.P.Q.2D (BNA) 1217 ***; 2012 WL 3631230

AFTG-TG, LLC AND PHILLIP M. ADAMS & ASSOCIATES, LLC, Plaintiffs-Appellants, v. NUVOTON TECHNOLOGY CORPORATION AND NUVOTON TECHNOLOGY CORPORATION AMERICA, Defendants, AND PEGATRON CORPORATION, PEGATRON TECHNOLOGY SERVICE, INC., AND UNIHAN, Defendants-Appellees.AFTG-TG, LLC AND PHILLIP M. ADAMS & ASSOCIATES, LLC, Plaintiffs-Appellants, v. WINBOND ELECTRONICS CORPORATION and WINBOND ELECTRONICS CORPORATION AMERICA, Defendants, AND ASUSTEK COMPUTER INC. and ASUS COMPUTER INTERNATIONAL, INC., Defendants-Appellees, AND MSI COMPUTER CORP. and MICRO-STAR INTERNATIONAL CORPORATION LTD., Defendants.

Prior History:  [**1] Appeals from the United States District Court for the District of Wyoming in case nos. 10-CV-0227 and 10-CV-0229, Judge Nancy D. Freudenthal.

AFTG-TG, LLC v. Nuvoton Tech. Corp., 2011 U.S. App. LEXIS 14757 (Fed. Cir., July 19, 2011)

Disposition: AFFIRMED.

CORE TERMS

personal jurisdiction, district court, contacts, forum state, stream-of-commerce, stream of commerce, Fan, concurrence, infringement, articulation, allegations, exercise of personal jurisdiction, defendants', shipments, patent, cases, plurality opinion, foreseeability, purposefully, isolated, products, endorse, adhere

Civil Procedure, In Rem & Personal Jurisdiction, In Personam Actions, General Overview, Evidence, Burdens of Proof, Jurisdiction, Constitutional Limits, Long Arm Jurisdiction, Due Process, Purposeful Availment, Placement of Product in Commerce, Governments, Courts, Judicial Precedent, Patent Law, Jurisdiction & Review, Personal Jurisdiction & Venue, Foreign Defendants