Telemedicine Solutions LLC v. WoundRight Technologies, LLC
27 F. Supp. 3d 883
N.D. Ill.2014Background
- Plaintiff Telemedicine Solutions LLC and Defendant WoundRight Technologies, LLC dispute trademarks and related claims (infringement, unfair competition, cyberpiracy, deception, disparagement, and tortious interference).
- Defendant is Wyoming LLC; Plaintiff is Illinois LLC with WoundRounds system; Defendant’s mark WoundRight allegedly infringes Plaintiff’s WoundRounds marks.
- Defendant moved to dismiss for lack of personal jurisdiction (Fed. R. Civ. P. 12(b)(2)) and for improper venue (12(b)(3)); in the alternative, Defendant seeks transfer to Wyoming (28 U.S.C. §§ 1404(a), 1406(a)).
- Plaintiff opposed and sought jurisdictional discovery to uncover additional Illinois-related minimum contacts; Defendant submitted affidavits challenging jurisdiction.
- Court grants Defendant’s 12(b)(2) motion and dismisses for lack of personal jurisdiction; jurisdictional discovery is denied; case dismissed without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court has personal jurisdiction over WoundRight | Plaintiff relies on express aiming via Google ad and online conduct targeting Illinois. | Defendant contends contacts are incidental, not targeted at Illinois, and do not satisfy minimum contacts. | No personal jurisdiction; dismissal granted. |
Key Cases Cited
- International Shoe Co. v. Washington, 326 U.S. 310 (1945) (minimum contacts standard for jurisdiction)
- Calder v. Jones, 465 U.S. 783 (1984) (express aiming and forum-related effects for intentional torts)
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (1985) (minimum contacts and fair play considerations)
- Tamburo v. Dworkin, 601 F.3d 693 (7th Cir. 2010) (express aiming test in the Seventh Circuit; requires something more than injury in forum state)
- Walden v. fiore, 134 S. Ct. 1115 (2014) (injury cannot alone establish forum connections; focus on defendant-forum litigation relationship)