Wireless Advanced Vehicle Electrification, LLC v. WiTricity Corporation
2:24-cv-00577
D. UtahOct 7, 2024Background
- Wireless Advanced Vehicle Electrification, LLC (WAVE) is a Utah-based inductive charging company and the plaintiff.
- WAVE alleges that Edward Joseph Benz III, then CEO of competitor WiTricity, orchestrated the resignation and hiring of 12 WAVE employees (eight based in Utah) to benefit WiTricity, along with the misappropriation of WAVE’s trade secrets.
- Benz, a Georgia resident and former WiTricity chief legal officer, argues he lacks sufficient contacts with Utah to justify personal jurisdiction.
- WAVE brings multiple claims against Benz, including violations of the Defend Trade Secrets Act, Utah Uniform Trade Secrets Act, civil conspiracy, unfair competition, and others.
- Benz filed a motion to dismiss for lack of personal jurisdiction under Rule 12(b)(2); the court evaluates whether minimum contacts and fair play support jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Personal jurisdiction over Benz | Benz purposefully directed activities harming Utah firm | Benz acted only as WiTricity CEO, lacks Utah connection | Jurisdiction proper: purposeful direction & harmful effects |
| Intracorporate immunity for officers on jurisdiction | Not relevant at 12(b)(2); only for merits stages | Benz claims personal immunity as CEO; cites intracorporate | Immunity not applicable at jurisdiction stage |
| Sufficiency of contacts under Harmful Effects Test | Benz targeted/hired Utah employees, causing local harm | Benz has minimal Utah presence (1 visit), no real contacts | Contacts sufficient: conduct aimed at Utah with knowledge |
| Evidentiary burden on prima facie jurisdiction | Amended complaint + declarations adequately pled | Plaintiff’s verification lacks credibility or personal knowledge | Plaintiff satisfied burden; well-pleaded facts credited |
Key Cases Cited
- Burger King Corp. v. Rudzewicz, 471 U.S. 462 (minimum contacts and due process in personal jurisdiction)
- World–Wide Volkswagen Corp. v. Woodson, 444 U.S. 286 (requirements for personal jurisdiction)
- Calder v. Jones, 465 U.S. 783 (personal jurisdiction over non-resident tortfeasors for intentional acts aimed at forum)
- Int’l Shoe Co. v. State of Wash., Off. of Unemployment Comp. & Placement, 326 U.S. 310 (fair play and substantial justice in personal jurisdiction)