Valna Holding Cypress Ltd. v. BiBo Biopharma Engineering Company Ltd., et al.

Summary

The United States District Court for the Northern District of California denied Valna Holding Cypress Ltd.’s motion to serve BiBo Biopharma Engineering Company Ltd., a Chinese company, through non-party 89bio, Inc. The court held that 89bio was not BiBo Biopharma’s “general manager” under California law because it was a customer and collaborator involved in constructing a production facility in China, rather than an agent or representative serving California customers.

Holdings

1. 89bio was not a general manager of BiBo Biopharma in California because it did not act on BiBo Biopharma's behalf to promote or sell BiBo Biopharma's products, provide customer service, or maintain a channel of regular contact with BiBo Biopharma's California customers.

Questions Presented

1. Whether 89bio qualified as a general manager of BiBo Biopharma in California such that service of process on 89bio would constitute valid service on BiBo Biopharma.
2. Whether the relationship between 89bio and BiBo Biopharma was sufficiently analogous to the agency and California customer-contact relationship recognized in Cosper v. Smith & Wesson Arms Co. to permit alternative service.

Disposition

other