AFTG-TG, LLC v. Nuvoton Tech. Corp., No. 11-1306 (Fed. Cir. 2012)
Annotate this CaseAFTG filed two actions in the District of Wyoming, claiming that defendants infringe several of its patents. Pegatron, PTS, and Unihan are named 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. The complaint against Pegatron, PTS, and Unihan also alleges misappropriation of trade secrets. The court dismissed for lack of personal jurisdiction. The Federal Circuit affirmed. Wyoming’s personal jurisdiction statute explicitly reaches to the full extent of the United States and Wyoming constitutions. Specific (as opposed to general) jurisdiction examines: whether the defendant purposefully directs activities at the forum’s residents; whether the claim arises out of or relates to those activities; and whether assertion of personal jurisdiction is reasonable and fair. AFTG’s complaint represented nothing more than “bare formulaic accusation” that the defendants maintain sufficient contacts with Wyoming.
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