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Dismissal With Prejudice for Lack of Personal Jurisdiction in Copyright Infringement Action in Federal Court

Jennifer Remy-Estorino and Peter Baumberger, of the Miami office, obtained a dismissal with prejudice based on a lack of personal jurisdiction in an alleged copyright infringement action in federal court. Specifically, this federal lawsuit in the Middle District Court of Florida arose out of claims for alleged copyright infringement under the Copyright Act. The Plaintiff, a website software/video technology company, alleged copyright and trademark infringement claims against twenty-one Defendants, including one count of copyright infringement against our client, a California company. The Plaintiff alleged that the Defendants used the purported infringing software codes to operate their websites and advertise their products and/or services and misused and distributed the software and derivative works thereof, which are the subject of U.S. Copyright Registrations. Jenny and Pete moved to dismiss, arguing there was no basis for the Court to exercise general or specific personal jurisdiction over our client. They further argued that Plaintiff failed to allege sufficient material facts to establish personal jurisdiction over their client, a nonresident of Florida, under any provision of the Florida long arm statute. Moreover, they argued Plaintiff’s allegations were devoid of any facts to satisfy the due process requirements of the Fourteenth Amendment to the United States constitution, including facts which would establish minimum contacts with the state of Florida. The court agreed and granted dismissal with prejudice.

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