Autodesk, Inc. v. Kobayashi + Zedda Architects Ltd.

191 F. Supp. 3d 1007, 2016 U.S. Dist. LEXIS 54365, 2016 WL 1610989
CourtDistrict Court, N.D. California
DecidedApril 22, 2016
DocketCase No. 15-cv-03822-MEJ
StatusPublished
Cited by9 cases

This text of 191 F. Supp. 3d 1007 (Autodesk, Inc. v. Kobayashi + Zedda Architects Ltd.) is published on Counsel Stack Legal Research, covering District Court, N.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Autodesk, Inc. v. Kobayashi + Zedda Architects Ltd., 191 F. Supp. 3d 1007, 2016 U.S. Dist. LEXIS 54365, 2016 WL 1610989 (N.D. Cal. 2016).

Opinion

ORDER RE: MOTION TO DISMISS

MARIA-ELENA JAMES, United States Magistrate Judge

INTRODUCTION

Defendant Kobayashi + Zedda Architects Ltd., dba KZA (“Defendant”) moves to dismiss Plaintiff Autodesk, Inc.’s (“Plaintiff’) copyright infringement action for lack of personal jurisdiction under Federal Rule of Civil Procedure (“Rule?’) 12(b)(2), improper venue under Rule 12(b)(3), and failure to state a claim upon [1012]*1012which relief can be granted under Rule 12(b)(6). Dkt. No, 21. Plaintiff filed an Opposition (Dkt. No. 26), and Defendant filed a Reply (Dkt. No. 33). The Court finds this matter suitable for disposition without oral- argument and VACATES the May 6, 2016 hearing. See Fed. R. Civ. P. 78(b); Civ. L.R. 7-l(b). Having considered the parties’ positions, relevant legal authority, and the record in this case, the Court DENIES Defendant’s Motion for the following reasons.

BACKGROUND

Plaintiff brings this action for copyright infringement pursuant to the Copyright Act, 17 U.S.C. § 501, et seq. Compl. ¶ 3, Dkt. No. 1. Plaintiff is a Delaware corporation with its principal place of business in San Rafael, California. Id. ¶ 1. It -develops, publishes, and markets computer software programs, including computer-aided design (“CAD”) software products. Id. ¶¶ 7, 12; Alioto Decl. ¶ 4, Dkt. No. 30. In connection with its software products, Plaintiff owns copyrights that are the subject of registrations with the .United .States Copyright Office. Compl. ¶ 8.

Defendant is an architectural design firm that uses CAD software to render architectural designs for its clients. Id. ¶ 17; Bergeron Decl. ¶ 2, Dkt. No. 28. It began doing business with Plaintiff over a decade ago when, in June of 2002, Defendant purchased a license for Autodesk® AutoCAD LT® 2002 software and registered that license with Plaintiff. Alioto Decl, ¶ 11. Plaintiffs written license agreement for the product states that it “shall be governed by the laws of the State of California.” Baker Decl. ¶ 5, Ex. A (Auto-CAD LT® 2002 Software License Agreement) § 9(B), Dkt. No. 29. The agreement also-provides that Plaintiff is located at 111 Mclnnis Parkway, San Rafael, California 94903. Id. § 7.

Over the next thirteen years, Defendant purchased licenses for: (1) Autodesk ® Au-toCAD LT ® 2004 software, which Defendant registered with Plaintiff on December 12, 2003; (2) Autodesk® AutoCAD® 2011 software, which Defendant registered with Plaintiff on September 21, 2010 (and which Defendant subsequently upgraded into a more current version); (3) Autodesk ® AutoCAD LT® 2012 software, which Defendant registered with Plaintiff on September 21, 2011 (and which Defendant subsequently .upgraded into a more current version); (4) Autodesk ® • AutoCAD LT ® 2013 software,- which Defendant registered with Plaintiff on May 10, 2012; (5) Autodesk ® AutoCAD ® 2015 software, which Defendant registered with Plaintiff on November 19, 2014; (6) Autodesk® Building Design Suite Premium 2015 software, a bundle of various software products which Defendant registered with Plaintiff on February 4, 2015 (and which Defendant subsequently upgraded into a more current,version); and (7) Autodesk ® Building Design Suite-Premium 2016 software, also a bundle of various software products, which Defendant has not yét activated. Alioto Decl. ¶ 11.

As part of each of these licensure purchases, Plaintiff contends Defendant entered into and expressly agreed to the terms of its applicable written license service agreements (“LSAs”). Baker Decl. 115. Plaintiff contends Defendant affirmatively consented to the terms of the. applicable LSAs when it initially accessed the copies of the Autodesk software products for which it had purchased licenses, a process that in each instance required Defendant to click through a confirmation screen on its computers to accept and agree to the LSAs in order to access the associated software. Id. ¶ 6.

Plaintiff filed its Complaint on August 20, 2015, alleging Defendant copied and [1013]*1013reproduced certain Autodesk products without Plaintiffs authorization' and circumvented technological measures that control access to the products. Compl. ¶ 20. Plaintiff alleges Defendant’s acts constitute willful, inteiitional, and malicious infringement of Plaintiff s copyrights under the Copyright Act. Id,

Defendant moves to dismiss on three grounds: (1) it lacks the requisite “minimum contacts” with California to establish personal jurisdiction here; (2) venue is improper because a substantial part of the alleged events did not occur in California; and (3) Plaintiff fails to state a cause of action for copyright infringement. Mot. at 3.

PERSONAL JURISDICTION

Defendant first argues personal jurisdiction is lacking because “[t]here is no circumstance where [it] would have had any reason to believe that Autodesk, Inc., a DELAWARE corporation would ‘bear the brunt’ in California or sue them in Federal Court in San Francisco for alleged copyright infringement of their ‘certain’ (but not specified) software products.” Id. at 5-6. Defendant notes it is a Canadian company, nearly two thousand miles away,'and contends the burden of litigating in a foreign forum is fundamentally unfair. Id. at 7. It argues that “if Plaintiff truly believes there is copyright infringement going on they should file suit where Defendant is located.” Id.

In response, Plaintiff argues Defendant’s alleged acts of deliberate and willful infringement caused irreparable and substantial harm in this District, where Plaintiff is headquartered and has its principal place of business. Opp’n at 6. Plaintiff further argues Defendant, at a minimum, should have known Plaintiffs principal place of business is in this District. Id.

A. Legal Standard

Rule 12(b)(2).governs motions to dismiss for lack of personal jurisdiction. The plaintiff bears the burden of establishing that the court has jurisdiction over the defendant. Pebble Beach Co. v. Caddy, 453 F.3d 1151, 1154 (9th Cir. 2006). However, this demonstration requires that the plaintiff “make only a prima facie showing of jurisdictional facts to withstand the motion to dismiss.” Love v. Assoc’d. Newspapers, Ltd., 611 F.3d 601, 608 (9th Cir. 2010). To make this showing, “the plaintiff need only demonstrate facts that if true would support jurisdiction over the defendant.” Ballard v. Savage, 65 F.3d 1495, 1498 (9th Cir. 1995). “Uncontroverted allegations in the complaint must be taken as true, and conflicts over statements contained in affidavits must be resolved in [plaintiffs] favor.” Love, 611 F.3d at 608. Otherwise, a defendant could prevent a plaintiff from meeting his burden simply by' contradicting the plaintiffs affidavits. Farmers Ins. Exch. v. Portage La Prairie Mut. Ins. Co., 907 F.2d 911, 912 (9th Cir. 1990).

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Bluebook (online)
191 F. Supp. 3d 1007, 2016 U.S. Dist. LEXIS 54365, 2016 WL 1610989, Counsel Stack Legal Research, https://law.counselstack.com/opinion/autodesk-inc-v-kobayashi-zedda-architects-ltd-cand-2016.