Robert Bosch v. Trico Products, Case No. 12-437 (N.D. Ill. July 24, 2013)(Grady)
Bosch sued Trico for patent infringement, and Trico counterclaimed to correct the inventorship of several patents based on a disclosure of two individuals to Bosch in Germany. In its counterclaim, Trico joined Bosch Gmbh (the parent company of Bosch of America). Bosch Gmbh then filed a motion to dismiss Trico’s correction of inventorship claims based on lack of personal jurisdiction and failure to state a claim. The court denied Bosch Gmbh’s motion based on lack of personal jurisdiction, but allowed Bosch Gmbh’s motion based on failure to state a claim.
With regards to personal jurisdiction, the Court noted that under Rule 4(k), where jurisdiction in the United States is appropriate, but personal jurisdiction is not available in any particular state, personal jurisdiction in any state is appropriate. The Court further noted that contact with the United States was established by Bosch Gmbh’s filing for a patent.
With regards to failure to state a claim, the Court noted that Bosch Gmbh had assigned the patents to Bosch of America, and accordingly had no economic interest in the case.