(Thursday, October 31, 2013 – Tyler, Texas): Judge Schneider denied a motion to dismiss based on a lack of personal jurisdiction filed by Atwood Oceanics Global Limited (AOGL) in Eldridge Sales Co., Ltd., et al., v. Azen Manufacturing PTE., LTD., et al., 6:11-cv-00599, Dkt. No. 279. While Schneider agreed with defendant that it could not exercise “general jurisdiction” over it, the Court could exercise “specific jurisdiction.” Finding that the Defendant “us[ed] allegedly infringing technology under a Texas-based contract with the support of Texas-based entities,” the Court kept the case. Of interest, is that the use of the infringing technology occurred outside of Texas on an oil rig in the Gulf of Mexico. Schneider determined that the Defendant failed “to prove that exercising jurisdiction…would be unreasonable and offend traditional notions of fair play and substantial justice.” See Eldridge Sales Co. at 6.
For Plaintiff: Eric Hugh Findlay, Roger Brian Craft, and Walter Wayne Lackey, Jr. of Findlay Craft here in Tyler; and Eric P. Chenoweth, Christopher Ryan Johnson, R. Paul Yetter, and Thomas M. Morrow from Yetter Coleman in Austin and Houston.
For Defendant: Harry Lee “Gil” Gillman, Jr. and Melissa Richards Smith of Gillman & Smith here in E.D. Texas; and Carrie Ryan Gallia, Christopher Ryan Sullivan, and David A. Allgeyer of Lindquist & Vennum out of Minneapolis.
