District Court Judge Denies Motion to Dismiss for Lack of Personal Jurisdiction in BackJoy Orthotics v. Forvic International

March 9, 2016—District Court Judge Carlos E. Mendoza denied two motions to dismiss for lack of personal jurisdiction in patent infringement suit between BackJoy Orthotics, LLC (“Plaintiff) and Forvic International, Inc. and Wook Yoon (collectively, “Defendants”). The suit arises from the Defendants’ alleged infringement of U.S. Patent No. 5,887,951 (“Orthopedic seating orthosis for correcting posture and restricting gluteal spreading”), directed at an orthopedic device upon which the user sits. The court denied the two Korean Defendants’ motion to dismiss for lack of personal jurisdiction because it found the Defendants had purposefully availed themselves of the forum by manufacturing devices for a forum-based buyer, to be transported to the forum, to be sold in the forum to forum consumers; receiving payment from the forum; tendering the devices for transportation to the forum; and sending invoices to the forum. This proceeding remains pending and is captioned BackJoy Orthotics, LLC v. Forvic International, Inc. et al. No. 14-cv-00249 (M.D. Fla. 2014).

By: H. Rachael Million-Perez

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