SW Legal Educational Publishing

Internet Sales Alone Insufficient to Confer Jurisdiction
Description Connecticut company's suit against out-of-state firm dismissed for lack of jurisdiction. Long-arm statute does not reach firm that does not actively solicit business or maintain business relations in the state. Availability of service via Internet alone not enough to create jurisdiction.
Topic Cyberlaw
Key Words Personal Jurisdiction, Long-Arm Statute
C A S E   S U M M A R Y
Facts E-Data claimed that defendant infringed on one of its patents. Defendant, a Washington company, moved for dismissal based on lack of personal jurisdiction over it in Connecticut. Defendant does no business in Connecticut, but its customers could download photo pages it sells via the Internet, including customers in Connecticut. Defendant moved for dismissal.
Decision Motion granted. Connecticut's long-arm statute confers "jurisdiction over a cause of action arising out of any business solicited in this State, if the corporation has repeatedly so solicited business." Here, "a Connecticut user must find defendant's Web address, access it, view and browse the information and photographs available at the site." It is not an actively advertised Web site. E-Data "relies on the national and international character of the Internet to demonstrate that [defendant's] Internet advertising had the potential to reach and solicit Connecticut residents. If such potentialities alone were sufficient to confer personal jurisdiction over a foreign defendant, and foreign corporation with the potentail to reach or do business with Connecticut consumers by telephone, television, or mail would be subject to suit in Connecticut."
Citation E-Data Corp. v. Micropatent Corp., ---F.Supp.--- (1997 WL 805282, D. Conn.)
989 F. Supp. 173 (D. Conn., 1997)

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