Imperial Products, Inc. v. Endura Products, Inc. (109 F. Supp. 2d 809, 2000)

DECISION AND ENTRY OVERRULING MOTION TO DISMISS (DOC. #3-1) FILED BY DEFENDANT ENDURA PRODUCTS, INC.; MOTION TO TRANSFER VENUE (DOC. #3-2) FILED BY DEFENDANT ENDURA PRODUCTS, INC., OVERRULED

RICE, Chief Judge.

This litigation stems from the alleged infringement by Defendant Endura Products, Inc. (“Endura”), on patents owned by Plaintiff Imperial Products, Inc. (“Imperial”). In its Complaint, Imperial asserts that Endura infringed on the patents by selling “door threshold assemblies” to customers in Ohio. (Doc. # 1 at ¶ 5, 8). Imperial contends that the infringing acts “have been and are still being performed.... ” (Id. at ¶ 11). As a result, it seeks declaratory and injunctive relief, as well as compensatory damages of $1,000,000. Pending before the Court are two Motions filed by Endura: (1) a Motion to Dismiss for Lack of Personal Jurisdiction (Doc. # 3-1); and (2) an alternative Motion to Transfer Venue (Doc. # 3-2).

I. Analysis of Defendant’s Motion to Dismiss (Doc. # 3-1)

In its Motion to Dismiss, Endura contends that the Court lacks personal jurisdiction over it, because it is an out-of-state Defendant, it is not amenable to suit under Ohio’s long-arm statute and the exercise of in personam jurisdiction would violate federal due process. In support, the company alleges that it lacks any significant connections to Ohio. Brad Procton, a Vice President of Endura, avers that the company is based in North Carolina, where most of its employees and operations are located. (Procton affidavit, Doc. # 3 at ¶ 3