United States District Court, N.D. Ohio
ROLF H. KRAEMER, Plaintiff,
WHIZCUT AMERICA INC., et al., Defendants.
OPINION & ORDER [RESOLVING DOC. 42]
S. GWIN UNITED STATES DISTRICT JUDGE.
September 23, 2016, Plaintiff Rolf H. Kraemer filed a patent
infringement claim against Defendants WhizCut America
Incorporated (“WhizCut America”) and WhizCut of
Sweden AB (“WhizCut Sweden”).
April 17, 2017, Defendant WhizCut Sweden filed a motion to
dismiss for lack of personal jurisdiction.
reasons below, the Court GRANTS WhizCut Sweden's motion
Kraemer brings a patent infringement claim for U.S. Patent
No. 6, 652, 200 (“'200 Patent”) against
Defendant WhizCut America and WhizCut Sweden. The ‘200
Patent protects a tool holder device with an internal coolant
WhizCut Sweden is a corporation organized under Swedish
with its principal place of business in Helsinborg,
alleges that WhizCut Sweden weekly exports tool holders from
Sweden to Wisconsin-where its “American
affiliate” WhizCut America is located-for
sale. Plaintiff also alleges that Defendants
have jointly offered the tool holders for sale at a trade
show in Columbus, Ohio and sold the products in Cleveland,
also asserts that Defendant WhizCut Sweden's internet
presence is so extensive that jurisdiction is proper here in
WhizCut Sweden argues that it does not export or directly
sell any allegedly infringing products in the United
States. Rather, WhizCut Sweden completes its
transfer of its products to WhizCut America in Sweden. Thus,
when WhizCut America transports products to America, WhizCut
Sweden is no longer responsible for them.
WhizCut Sweden further argues that its affiliate, WhizCut
America, transacts business in Columbus or Cleveland, Ohio,
but Defendant WhizCut Sweden does not.
challenge to this Court's personal jurisdiction triggers
a two-part inquiry.
a plaintiff “must demonstrate that . . . Ohio's
long-arm statute [is] satisfied.” In relevant
part, Ohio's long-arm statute provides
[a] court may exercise personal jurisdiction over a person
who acts directly or by an agent, as to a cause of action
arising from the person's
(1) Transacting any business in this state;
(2) Contracting to supply services or goods in this state;
(3) Causing tortious injury by an act or omission in this
(4) Causing tortious injury in this state by an act or
omission outside this state if he regularly does or solicits
business, or engages in any other persistent course of
conduct, or derives substantial revenue from goods used or
consumed or services rendered in this state; . . .
(6) Causing tortious injury in this state to any person by an
act outside this state committed with the purpose of injuring
persons, when he might reasonably have expected that some
person would be injured thereby in this state;
(9) Contracting to insure any person, property, or risk
located within this state at the time of contracting. . .
if the plaintiff makes a prima facie showing of
personal jurisdiction under the forum state long-arm statute,
the Court considers whether the exercise of jurisdiction
comports with constitutional due process.
exercise personal jurisdiction based on a defendant's
actions in this state, the Court must find
(1) purposeful availment of the privilege of acting in the
forum state or causing a consequence in the forum state, (2)
a cause of action . . . aris[ing] from activities in the
state, and (3) a substantial enough connection with the forum
state to make the exercise of jurisdiction over the defendant
The plaintiff bears the burden of establishing
jurisdiction. The court “must consider the
pleadings and affidavits in the light most favorable to the
parties argue over multiple theories of personal
jurisdiction. The Court addresses each in turn.
WhizCut Sweden argues that it conducts no business in the
United States, let alone Ohio. Defendant states that it
delivers the allegedly infringing products to WhizCut America
“FCA” or “free carrier, ” which means
the products are “considered to be fully delivered to
WhizCut America in Helsinborg, Sweden.”
WhizCut Sweden is not responsible for the products. Instead,
WhizCut America imports the products through United ...