Davaus, LLC v. S7 IP Holdings, LLC and Leading Edge Industries, Inc.; S7 IP Holdings, LLC and Leading Edge Industries, Inc. v. Davaus, LLC, Austin Ehle, and Dave Hockemeyer

Summary

The United States District Court for the District of South Dakota denied Austin Ehle and Dave Hockemeyer’s motion to dismiss patent-infringement counterclaims for lack of personal jurisdiction. The court held that the counterclaim plaintiffs made a prima facie showing of personal jurisdiction and that allowing the claims against the individual defendants to proceed elsewhere could result in piecemeal litigation and inconsistent verdicts. The court also granted a motion to strike new arguments and evidence presented in the defendants’ reply and denied as moot the request to file a sur-reply.

Holdings

1. The court had personal jurisdiction over Ehle and Hockemeyer, and their Rule 12(b)(2) motion to dismiss was denied.
2. No further evidentiary hearing was required because the parties had a fair opportunity to present the relevant facts and legal arguments and the matter was fully submitted.
3. The court granted the motion to strike or disregard the second declarations and all related arguments in the reply brief, and denied the motion for leave to file a sur-reply as moot.

Questions Presented

1. Whether the court had personal jurisdiction over Ehle and Hockemeyer in the patent-infringement counterclaim.
2. Whether an evidentiary hearing was required to resolve the Rule 12(b)(2) motion.
3. Whether new arguments and evidence presented in Ehle and Hockemeyer's reply should be stricken.

Disposition

other