CollegeSource, Inc. v. AcademyOne, Inc., No. 09-56528, 2011 BL 204502 (9th Cir. Aug. 8, 2011) The U.S. Court of Appeals for the Ninth Circuit held that a Pennsylvania company that allegedly misappropriated digital files from a California competitor's online service was subject to personal jurisdiction in California, even though the defendant had no office or employees in that state. The court's conclusion rested in significant part on its holding that a nonresident defendant is deemed to target an in-state plaintiff when it misuses intellectual property on the plaintiff's website.
The Parties' Competing Course Catalog Services
Defendant's Acquisition of Digital Catalogs from Plaintiff
Personal Jurisdiction over Nonresident Defendants
— Basic Requirements for Exercise of Specific Jurisdiction The Ninth Circuit explained that courts may exercise specific jurisdiction over a nonresident defendant when the claim against the defendant arises from the defendant's contacts with the forum. In the Ninth Circuit, the assertion of specific jurisdiction is appropriate when: (1) the defendant has "purposefully direct[ed] his activities or consummate[d] some transaction with the forum or resident thereof; or perform[ed] some act by which he purposefully avail[ed] himself of the privilege of conducting activities in the forum, thereby invoking the benefits and protections of its laws"; (2) the claim "arises out of or relates to the defendant's forum-related activities"; and (3) the court's "exercise of jurisdiction must comport with traditional notions of fair play and substantial justice, i.e., it must be reasonable." Schwarzenegger v. Fred Martin Motor Co., 374 F.3d 797, 800 (9th Cir. 2004).
— Purposeful Direction
— Reasonableness of Exercise of Jurisdiction
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