Motion To Dismiss For Lack Of Personal Jurisdiction Granted Where Supplier Of Allegedly Infringing Product Sued For Declaratory Relief After Its Customer Was Sued In A Different Jurisdiction

Ball Metal Beverage Container Corp. "(Ball Metal") filed a declaratory judgment action against CMI&J LLC ("CML&J") for non-infringement and invalidity. CML&J moved to dismiss the action for lack of personal jurisdiction, contending that it lacked sufficient minimum contacts with Colorado.

The declaratory judgment action centered on U.S. Patent No. 8,245,866 (the "'866 Patent"), which is directed to a type of beverage container. Three friends created the product embodied in the '866 Patent, Daniel Gibson, Joseph Snecinski, and Todd Epstein. The three friends incorporated CML&J to license the beverage container described in the '866 Patent. Gibson and Snecinski reside in Connecticut, and Epstein resides in Massachusetts. CML&J's place of business is in Connecticut.

As explained by the district court, on April 2012, MillerCoors LLC introduced a Punch Top can in connection with its Miller Lite and Miller Genuine Draft beers. CML&J asserted that the cans infringe the '866 Patent. On October 15, 2012, CML&J filed a patent infringement suit against MillerCoors in the United States District Court for the District of Connecticut and, that same day, CML&J contacted MillerCoors in Chicago, Illinois, telling them of the complaint and inviting a licensing agreement. As further explained by the district court, "[p]laintiff - a Colorado corporation with its principal place of business in this state - responded to this letter, apprising defendant that it was the manufacturer of the Punch Top can and would indemnify MillerCoors from suit. Plaintiff proceeded to set forth in detail the bases for its assertions that its Punch Top cans did not infringe the '866 Patent and that the patent was invalid. (See id., Exh. 4.) A lengthy response from defendant followed, and over the next several months, the parties exchanged a series of letters discussing the merits of defendant's patent claims and possible ways to settle their differences. (See id., Exhs. 5-9.) Ultimately, however, the parties could not reach a resolution. This lawsuit followed."

The district court summarized personal jurisdiction law in patent cases as follows: "[i]n patent law cases, the question whether this court has personal jurisdiction over a defendant is governed by the law of the Federal Circuit. See Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355, 1358 (Fed. Cir. 1998). The Federal Circuit, in turn, looks to the relevant state's long-arm statute to determine whether it...