Hawaii Airboards, LLC v. Northwest River Supplies, Inc.

887 F. Supp. 2d 1068, 2012 WL 3286073, 2012 U.S. Dist. LEXIS 112102
CourtDistrict Court, D. Hawaii
DecidedAugust 9, 2012
DocketCivil No. 11-00651 SOM-BMK
StatusPublished

This text of 887 F. Supp. 2d 1068 (Hawaii Airboards, LLC v. Northwest River Supplies, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Hawaii primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hawaii Airboards, LLC v. Northwest River Supplies, Inc., 887 F. Supp. 2d 1068, 2012 WL 3286073, 2012 U.S. Dist. LEXIS 112102 (D. Haw. 2012).

Opinion

ORDER GRANTING DEFENDANT’S RENEWED MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION

SUSAN OKI MOLLWAY, Chief Judge.

I. INTRODUCTION.

Defendant Northwest River Supplies, Inc. (“NRS”), seeks to dismiss this action on the ground that this court lacks personal jurisdiction. Plaintiff Hawaii Airboards, LLC (“Hawaii Airboards”), claims that NRS is infringing on Hawaii Airboards’s patent for an inflatable water craft by selling an inflatable stand-up paddleboard called the “Big Earl.” NRS is an Idaho Corporation not licensed to do business in Hawaii and with neither officers nor employees in Hawaii. Because Hawaii Air-boards fails to show that NRS has the minimum contacts with Hawaii necessary for this court to exercise personal jurisdiction over NRS, the court grants NRS’s motion.

II. BACKGROUND.

Hawaii Airboards alleges that NRS is infringing on its patent for its “Inflatable Transportable Water Craft for Survival or Other Recreational Purposes.” First Am. Compl. for Patent Infringement ¶ 7, Dec. 22, 2011, ECF No. 7. NRS makes and sells, among other things, inflatable standup paddleboards (“SUP boards”) to customers throughout the United States, including Hawaii. Id. ¶ 8. Hawaii Airboards alleges that, by making, offering for sale, selling, and distributing one model of such boards, the “NRS Big Earl SUP Board,” NRS is infringing on its patent. Id. ¶ 11.

NRS is an Idaho Corporation, with its principal place of business in Moscow, Ida[1070]*1070ho. Id. ¶ 2. It sells products used in river rafting and paddlesport activities such as whitewater kayaking and canoeing. See Deck of Anthony Mangini (“Mangini Deck”) ¶ 5, ECF No. 37-1. NRS markets it products, including the Big Earl, as appropriate for activities in cold water, such as rivers and lakes in the northwest United States. Id. ¶ 18. NRS says that the Big Earl and its other inflatable boards are well suited for use in rivers and lakes because they are easily transportable, but not for ocean wave surfing because they lack certain performance features such as stability, maneuverability, and speed. Id. ¶ 19.

NRS SUP boards may be purchased in various athletic equipment shops or through dealers located throughout the country. Id. ¶23. NRS’s website lists shops, including three in Hawaii, that sell its products, although the shops are not owned by NRS. Id. Customers may also purchase items directly on NRS’s website. Id. ¶ 28.

NRS moved to dismiss this action for lack of personal jurisdiction. See ECF No. 11. Hawaii Airboards moved for leave to conduct jurisdictional discovery, see ECF No. 18, and that motion was granted by Magistrate Judge Barry Kurren on March 8, 2012, see ECF Nos. 29, 35. NRS and Hawaii Airboards stipulated to the withdrawal of NRS’s dismissal motion pending discovery. After conducting discovery, NRS renewed its motion to dismiss for lack of personal jurisdiction, and it is the renewed motion that is now before the court. See ECF No. 37. This court held a hearing on the present motion on August 6, 2012.

III. LEGAL STANDARD.

Rule 12(b)(2) of the Federal Rules of Civil Procedure permits a defendant to move for dismissal for lack of personal jurisdiction. In patent infringement litigation, this court applies the law from the United States Court of Appeals for the Federal Circuit in determining whether this court has personal jurisdiction over an out-of-state defendant. Nuance Commc’ns, Inc. v. Abbyy Software House, 626 F.3d 1222, 1230 (Fed.Cir.2010); Avocent Huntsville Corp. v. Aten Intern. Co., Ltd., 552 F.3d 1324, 1328 (Fed.Cir.2008).

When no jurisdictional discovery has been conducted, a plaintiff need only make a prima facie showing of jurisdiction, and this court must resolve factual disputes in the plaintiffs favor. Nuance Commc’ns, 626 F.3d at 1231; Trintec Indus., Inc. v. Pedre Promotional Prods., Inc., 395 F.3d 1275, 1282 (Fed.Cir.2005). In this case, the parties have already conducted jurisdictional discovery and presented evidence to this court in that regard, and the court relies on that evidence in making its decision.

IV. ANALYSIS.

“Determining whether personal jurisdiction exists over an out-of-state defendant involves two inquiries: whether a forum state’s long-arm statute permits service of process, and whether the assertion of personal jurisdiction would violate due process.” Avocent Huntsville Corp., 552 F.3d at 1329 (quoting Inamed Corp. v. Kuzmak, 249 F.3d 1356, 1359 (Fed.Cir.2001)). Because Hawaii’s long-arm statute is co-extensive with federal due process requirements, the jurisdictional analyses under Hawaii law and federal law merge into one analysis. See Nuance Commc’ns, 626 F.3d at 1230; Roth v. Garcia Marquez, 942 F.2d 617, 620 (9th Cir.1991); Cowan v. First Ins. Co. of Haw., 61 Haw. 644, 649, 608 P.2d 394, 399 (Haw.1980) (“Hawaii’s long-arm statute, [Haw. Rev. StatJ § 634-35, was adopted to expand the jurisdiction of Hawaii’s courts to the extent permitted [1071]*1071by the due process clause of the Fourteenth Amendment.”).

The Due Process Clause of the United States Constitution protects a defendant’s “liberty interest in not being subject to the binding judgments of a forum with which he has established no meaningful ‘contacts, ties, or relations.’ ” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 471-72, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985) (quoting Int’l Shoe Co. v. Washington, 326 U.S. 310, 319, 66 S.Ct. 154, 90 L.Ed. 95 (1945)). “The constitutional touchstone for determining whether an exercise of personal jurisdiction comports with due process ‘remains whether the defendant purposefully established ‘minimum contacts’ in the forum State.’ ” Nuance Commc’ns, 626 F.3d at 1230-31 (quoting Burger King Corp., 471 U.S. 462, 474, 105 S.Ct. 2174 (1985)). “[T]he burden of proof is on the plaintiff to establish ‘minimum contacts.’ ” Inamed Corp., 249 F.3d at 1360.

To have the required minimum contacts, NRS must have acted and had a connection with Hawaii in a manner that should have led it to “reasonably anticipate being haled into court” in Hawaii. See WorldWide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297, 100 S.Ct. 559, 62 L.Ed.2d 490 (1980). Requiring “minimum contacts” performs two functions.

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887 F. Supp. 2d 1068, 2012 WL 3286073, 2012 U.S. Dist. LEXIS 112102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hawaii-airboards-llc-v-northwest-river-supplies-inc-hid-2012.