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...