Labtest Int’l., Inc., d/b/a Intertek Consumer Goods N. Am. v. Centre Testing Int’l. Corp., No. 10C2897, Slip Op. (N.D. Ill. Feb. 1, 2011) (Dow, J.).
Judge Dow granted defendant CTI’s Fed. R. Civ. P. 12(b)(2) motion to dismiss for lack of personal jurisdiction in this copyright infringement action. The Court did not have jurisdiction over CTI:
- CTI was a Chinese entity with no U.S. offices.
- CTI’s only possible contact with Illinois regarding the copyrighted subject matter was via its passive website.
- Plaintiff Intertek offered no proof that anyone from Illinois downloaded the allegedly infringing chart.
- CTI’s only connection was work in China for an entity with a parent entity in Illinois.
The Court did not award Intertek its fees and costs for defending the case or the case filed by Intertek in Connecticut. Intertek had credible arguments for each, and it was not forum shopping even if the arguments were eventually proven wrong.