Russian Company Served Through Texas Secretary Of State Held Proper Service Because The Russian Federation Unilaterally Suspended All Judicial Cooperation With The United States In Civil And Commercial Matters

Blue Spike, LLC ("Blue Spike") filed a patent infringement action against Biolink Solutions LTD. ("Biolink") and Biometric, LLC. Biolink is a Russian company that has no offices, employees, agents, distributors or related entities in Texas, but does business in Texas according to the complaint. Blue Spike served Biolink with the complaint through the Texas Secretary of State. Biolink moved to quash service of the summons on the ground that it was not served through the procedures set forth in the Hague Convention.

Biolink based its motion on the argument that "[e]ntities located in Hague Convention signatory countries, such as Russia, must follow the procedure set forth in the Hague Convention. To comply with the procedure set forth in the Hague Convention, Blue Spike is required to serve the Central Authority of the State in which process is to be served. Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, Nov. 15, 1965, Art. 3. Defendants contend that notwithstanding that the Texas Secretary of State may be an agent for service of process for a nonresident who engages in business in this state, service must be quashed because there is no indication that the Secretary of State has complied with the requirements to serve Biolink under the Hague Convention."

Blue Spike asserted that the motion should be denied because it had complied with Fed.R.Civ.P. 4(h)(1)(A) and that compliance with the Hague Convention was not necessary. After reviewing Rule 4(h)(1)(A), the district court concluded that Blue Spike had complied with the Rule because under Texas law, the Secretary of State is the...