Full opinion text
MEMORANDUM OPINION AND ORDER REGARDING DEFENDANTS’ MOTION TO DISMISS AND PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT BENNETT, Chief Judge. TABLE OF CONTENTS I. INTRODUCTION..........................................................604 A. Background And Allegations Of The Complaint..........................604 B. Procedural Background ...............................................605 II. THE DEFENDANTS’ MOTION TO DISMISS................................607 A. Personal Jurisdiction..................................................607 1. Arguments of the parties...........................................607 2. Applicable standards...............................................609 3. Application of the standards........................................612 a. The “purposefully directed” factor ..............................612 b. The “claim arising from contacts” factor........................615 c. The “reasonable and fair” factor................................615 4. Summary.........................................................616 B. Failure To State Claims Upon Which Relief Can Be Granted.............616 1. Arguments of the parties...........................................616 2. Applicable standards...............................................617 3. Application of the standards........................................619 a. The infringement claim ........................................619 b. The defamation and disparagement claims.......................622 i. The “corporate defamation” claim ..........................623 ii. The “product disparagement/trade libel” claim...............625 c. The tortious interference claims.................................626 C. Jurisdiction Over The Foreign Patent Claim.............................627 1. Arguments of the parties...........................................628 2. Analysis ..........................................................629 a. Application of existing precedent................................629 b. Ideal’s “wait and see” argument ................................631 D. Forum Non Conveniens................................................633 1. Arguments of the parties...........................................633 2. Applicable standards...............................................634 3. Weighing of the factors............................................635 a. “Private interest” factors.......................................635 b. “Public interest” factors .......................................636 III. THE PLAINTIFF’S MOTION FOR DEFAULT JUDGMENT..................637 A. Arguments Of The Parties.............................................637 B. Analysis..............................................................637 1. The language of Rule 12(a).........................................637 2. The interpretation on which Ideal relies.............................638 3. The interpretation by the majority of courts .........................638 4. This court’s interpretation..........................................639 IV. CONCLUSION............................................................640 The defendants in this action assert fairly comprehensive challenges to the plaintiffs claims of infringement by the defendants of the plaintiffs United States patent, non-infringement by the plaintiff of the defendants’ Canadian patent, and various commercial torts. One theme running through the parties’ arguments on the defendants’ motion to dismiss is whether the claims presented-with the exception of the claim that the corporate defendant is infringing the plaintiffs United States patent-should be litigated in this forum or in a pre-existing lawsuit brought by the corporate defendant in the Federal Court of Canada. I. INTRODUCTION A. Background And Allegations Of The Complaint Plaintiff Ideal Instruments, Inc., is a Michigan corporation with its principal place of business in Lansing, Michigan. In its Complaint, Ideal alleges that defendant Rivard Instruments, Inc., is a closely held for profit Canadian corporation and that defendant Meril Rivard, who is a citizen of Canada and resident of Winnipeg, Manitoba, is the president and majority, if not sole, shareholder of Rivard Instruments. Both Ideal and Rivard Instruments manufacture “detectable” hypodermic needles for use, for example, in hypodermic syringes for livestock. The needles are “detectable” in the sense that they are made to be easily detected in the carcasses of slaughtered animals, if they break off or are otherwise inadvertently left behind. Neither Ideal nor Rivard Instruments has any manufacturing or distribution facilities or corporate offices in Iowa. Ideal nevertheless argues that Iowa is a center of the dispute between the parties, because it is a center of the livestock industry in which both parties’ products are used. More specifically, Ideal is the assignee of United States Patent No. 6,488,668 (the '668 patent) for a “detectable heavy duty needle.” The '668 patent issued on December 3, 2002, and was upheld on ex parte reexamination on December 23, 2004. However, the focus of this litigation is another, subsequent patent for a “detectable heavy duty needle,” for which Ideal is also the assignee, United States Patent No. 6,960,196 (the '196 patent), which issued on November 1, 2005. The Abstract for the '196 patent describes the patented invention as follows: The present invention provides a detectable heavy duty needle cannula for use in hypodermic syringes and the like. Needle cannula comprises a magnetizable or magnetized stainless steel alloy, which enables needle cannula to be detectable in metal detectors that are commonly used in the meat processing industry to detect broken needle cannulas in the flesh of slaughtered animals. Complaint, Exhibit A (the '196 patent) (component numbers deleted). Ideal manufactures, sells, and distributes a product exploiting the inventions disclosed in the '668 and the '196 patents under the commercial name “D3 Detectable Needles.” Similarly, Rivard Instruments owns Canadian Patent No. 2,298,277 (the '277 patent), which submissions by the defendants reveal is a patent for “detectable stainless steel needles for meat packing,” issued March 16, 2004. See Defendants’ Motion to dismiss (docket no. 13), Exhibit 1, attachment to Affidavit Exhibit 1A (the '277 patent). The Abstract for the '277 patent describes the patented invention as follows: Magnetic stainless steel needles are detectable in processed meat. The previous non magnetic versions, made of 304 stainless steel, are not. Disposable hypodermic needles made from martensitic and ferritic stainless steel are easily detectable at the smallest size. A method of detection is also disclosed. The '277 patent. Rivard Instruments also makes products exploiting the '277 patent. Ideal contends that Rivard Instruments has made, used, offered for sale, sold, and/or caused to be sold, and has shipped, and/or caused to be shipped, in or into this federal judicial district, and elsewhere in the United States, detectable, magnetic, stainless steel veterinary hypodermic needles that read on and infringe Ideal’s '196 patent and the invention claimed therein. Ideal also contends that Meril Rivard has directed and/or caused the infringing detectable, magnetic, stainless steel veterinary hypodermic needles to be made, used, offered for sale, sold, and/or shipped into this federal judicial district and elsewhere in the United States. Ideal contends, further, that Meril Rivard and Rivard Instruments have themselves or through their agents published to third parties, including existing and prospective customers, distributors, and/or manufacturers, accusations that Ideal has infringed Rivard Instruments’s '277 patent and that Ideal’s D3 Detectable Needles are of inferior quality. Finally, Ideal alleges that, in December 2005, Meril Rivard made an unannounced and unwelcome visit to the facility where Ideal’s D3 Detectable Needles are made and, while there, attempted to obtain confidential and proprietary information, attempted to interfere with the business relationship between Ideal and its manufacturer, made false and disparaging statements of and concerning Ideal, and attempted to intimidate Ideal’s manufacturer by threatening to return with lawyers. B. Procedural Background In its Complaint in this action, filed December 30, 2005, Ideal asserts several patent and commercial tort claims. More specifically, in Count 1, Ideal asserts a claim of “patent infringement,” alleging infringement by Rivard Instruments and indirect infringement by Meril Rivard of Ideal’s '196 patent. In Count II, Ideal asserts a claim for “declaratory judgment,” seeking a declaration that Ideal is not infringing Rivard Instruments’s '277 patent. In Count III, Ideal asserts a claim of “corporate defamation,” alleging that the defendants have made false and defamatory statements to third parties of and concerning Ideal to the effect that Ideal’s D3 Detectable Needles infringe Rivard Instruments’s '277 patent. In Count IV, Ideal asserts a claim of “product disparage-menf/trade libel,” alleging that the defendants have made false and derogatory statements of and concerning the quality of Ideal’s D3 Detectable Needles. In Count V, Ideal asserts a claim of “tortious interference with advantageous business relationships and expectancies,” alleging that the defendants have intentionally and falsely accused Ideal of infringing Rivard Instruments’s '277 patent and that the defendants have falsely informed existing and prospective customers and distributors that, if they purchase or use Ideal’s D3 Detectable Needles, they will infringe the '277 patent and may be sued. Finally, in Count VI, Ideal asserts another claim of “tortious interference with advantageous business relationship or expectancies,” this time alleging that the defendants have interfered with the relationship between Ideal and its manufacturer by making false and disparaging statements concerning Ideal and attempting to intimidate the manufacturer by threatening to return to its facility with lawyers. This is not, however, the first lawsuit between the parties arising from their dispute over their detectable needle products and patents. Rather, on June 8, 2004, Rivard Instruments filed an action in the Federal Court of Canada in which it alleges that Ideal is infringing Rivard Instruments’s '277 patent. Rivard Instruments also asserts that Ideal has asserted in the Canadian action the non-infringement defense that is embodied in Ideal’s declaratory judgment claim in Count II of the present action. Also, at some time in 2005, Ideal brought an action against Rivard Instruments in the United States District Court for the Western District of Michigan alleging the same patent and commercial tort claims that it now asserts in this action, but Ideal subsequently voluntarily dismissed that action. Ideal contends that it dismissed the Michigan action after Ri-vard Instruments asserted that it was not subject to personal jurisdiction in Michigan, but conceded that it did have direct contacts with California and Iowa. The defendants have not answered Ideal’s Complaint in this action. Instead, on February 14, 2006, the defendants moved to dismiss all or most of the claims in Ideal’s Complaint on several grounds. See docket no. 13. Specifically, Meril Rivard seeks dismissal of all claims against him for lack of personal jurisdiction, failure to state claims upon which relief can be granted, and forum non conveniens. Mer-il Rivard also seeks dismissal of Count II, the count seeking declaratory judgment that Ideal is not infringing Rivard Instruments’s Canadian patent, the '277 patent, on the grounds of lack of subject matter jurisdiction, international comity, and abuse of process. Rivard Instruments joins in Meril Rivard’s arguments for dismissal of Count II on the grounds of lack of subject matter jurisdiction, international comity, and abuse of process, his arguments for dismissal of Counts II through VI for forum non conveniens, and his arguments for dismissal of Counts III through VI for failure to state claims upon which relief can be granted. However, Rivard Instruments does not challenge, at least at this time, Ideal’s claim of infringement of Ideal’s United States patent, the '196 patent, in Count I. Thus, the defendants’ motion to dismiss, if granted in its entirety, would leave only Count I against only defendant Rivard Instruments before this court. Ideal resisted the defendants’ motion to dismiss on all grounds on March 14, 2006, and the defendants filed a reply in further support of their motion on March 22, 2006. The parties submitted various documents and exhibits in support of and resistance to the defendants’ motion to dismiss, but they assert that the court may properly consider these documents and exhibits as matters of public record or as information pertinent to a facial challenge to personal jurisdiction. On April 11, 2006, Ideal filed its Combined Motion And Brief For Default Judgment Against Defendant Rivard Instruments, Inc., As To Count I Of The Complaint (docket no. 30). In its motion, Ideal seeks entry of default and default judgment against Rivard Instruments for failing to answer Count I of the Complaint, to which Rivard Instruments had made no challenge in its motion to dismiss. In the alternative, Ideal seeks partial summary judgment on that Count, or an order directing Rivard Instruments to file an immediate answer to it. Rivard Instruments resisted Ideal’s motion for default judgment on April 24, 2006 (docket no. 33). The defendants requested oral arguments on their motion to dismiss, and the court considered it likely that such oral arguments would be of benefit. Therefore, by order dated April 18, 2006 (docket no. 31), the court set the defendants’ motion to dismiss for oral arguments on May 3, 2006. Although no party requested oral arguments on Ideal’s motion for default judgment, after receiving the defendants’ response to that motion, the court deemed it appropriate to hear oral arguments on that motion as well. Therefore, by order dated April 24, 2006 (docket no. 34), the court advised the parties that it would also hear oral arguments on Ideal’s motion for default judgment in conjunction with the oral arguments on the defendants’ motion to dismiss. At the oral arguments on May 3, 2006, plaintiff Ideal Instruments, Inc., was represented by Mark R. Fox of Fraser Trebil-cock Davis & Dunlap, P.C., in Lansing, Michigan, who argued the motions, and by local counsel Jay Eaton of Nyemaster, Goode, West, Hansell & O’Brien, P.C., in Des Moines, Iowa. Defendants Rivard Instruments and Meril Rivard were represented by and James W. Hellwege of Birch, Stewart, Kolasch & Birch, L.L.P., of Falls Church, Virginia, who argued the motion, and Angela E. Dralle of Dorsey & Witney, L.L.P., in Des Moines, Iowa. Also monitoring the arguments was Susan Steppanich, who was identified by Mr. Hellwege as house counsel for Rivard Instruments. At the conclusion of the oral arguments, the defendants’ motion to dismiss and the plaintiffs motion for default judgment were deemed fully submitted. II. THE DEFENDANTS’ MOTION TO DISMISS A. Personal Jurisdiction Individual defendant Meril Rivard contends that all claims against him should be dismissed for lack of personal jurisdiction, pursuant to Rule 12(b)(2) of the Federal Rules of Civil Procedure. If the court lacks personal jurisdiction over Meril Ri-vard, then it need not reach any of Meril Rivard’s other challenges to the patent and commercial tort claims against him. 1. Arguments of the parties Meril Rivard contends that Ideal has failed to make even a prima facie showing of personal jurisdiction over him, because he does not have sufficient minimum contacts with this forum to support the exercise of either “general” or “specific” personal jurisdiction. He contends that his contacts with Iowa are truly “minimal.” More specifically, he asserts that he has only visited Iowa twice to attend industry-sponsored meetings relating to the pork industry, the “World Pork Expo” in Des Moines in June 2004 and “Needle Summit II” in Des Moines in December 2004. He points out that he has no office or residence in Iowa, has never lived in Iowa, owns no property in Iowa, pays no taxes in or to Iowa, maintains no telephone listing in Iowa, does not maintain a residence or even a postal address in Iowa, maintains no bank account in Iowa, has no employees in Iowa, and has not previously sued or been sued in Iowa. Meril Rivard also points out that Ideal’s Complaint does not allege that any of the actions purportedly giving rise to Ideal’s claims occurred in Iowa — indeed, he points out that the Complaint does not identify any location where any of the alleged events occurred. Thus, he contends that there is no nexus at all between any of his alleged actions and this forum. Instead, he contends that, if there is any location with a nexus to the claims, that location is in Canada or China, where the alleged acts and statements would actually have occurred. Meril Rivard contends, further, that Iowa not only has no nexus to the claims, but that Iowa has no interest in providing a forum for a dispute between a Michigan plaintiff and Canadian defendants with respect to conduct that occurred outside of Iowa. On a related issue, failure to state claims upon which relief can be granted, Meril Rivard makes an argument also relevant to personal jurisdiction, which is that Ideal has not asserted any basis for piercing the corporate veil, which might make any and all contacts that Rivard Instruments may have had with this forum attributable to him, as well. Finally, he contends that Iowa is an inconvenient forum for the parties and witnesses involved in this litigation. Thus, he contends that the exercise of personal jurisdiction over him does not comport with due process. Ideal vehemently disagrees. Indeed, Ideal asserts that there can be no genuine dispute that the exercise of either “general” or “specific” personal jurisdiction over Meril Rivard would comport with due process, because in Ideal’s view, Meril Rivard has continuous and systematic contacts with this forum that are closely associated with the causes of action at issue. Moreover, if there is any doubt on the question, Ideal contends that it should be allowed to conduct initial discovery limited to personal jurisdiction (and possibly venue) issues. More specifically, Ideal asserts that Meril Rivard is not immune from Iowa jurisdiction based on his status as an “employee” of Rivard Instruments and that there is no need to resort to “alter ego” or “piercing the veil” theories to obtain jurisdiction over him. Rather, Ideal contends that the Eighth Circuit Court of Appeals has recognized that corporate contacts with a forum may be attributable to an individual, even in the absence of “alter ego” or “piercing the veil” theories, where, for example, the individual defendant made numerous telephone calls on behalf of the corporation into the forum or made visits to the forum to conduct corporate business and derived personal profit from those activities. Here, Ideal contends that “it is similarly obvious that Defendant Rivard has personally maintained continuous and systematic contacts with customers and distributor(s) in the State of Iowa, has purposefully availed himself of opportunities in the Iowa livestock industry, has derived personal profit as a result of doing business in Iowa and is, thus, subject to personal jurisdiction in this forum.” Ideal’s Brief In Opposition To Defendants’ Motion To Dismiss (docket no. 20), 9. Ideal also contends that Meril Rivard is a “contributory in-fringer,” so that his direction of infringing acts that occurred in this forum is sufficient basis for personal jurisdiction over him in this forum. Turning to the effects of Meril Rivard’s contacts with this forum, Ideal contends that Meril Rivard has had continuous and systematic contacts with this forum, such that “general” jurisdiction can be exercised over him, because he and his company do extensive business in Iowa, and they maintain a business relationship with an independent distributor in Iowa. Ideal contends that it “appears that Defendant Ri-vard has personal communications with the Iowa distributor regarding sales and disbursement of Defendant [Rivard Instruments’s] products,” that Rivard and his company employ a salesman to travel to the United States, and that this salesman “[m]ost presumably” has conducted business on behalf of the defendants in Iowa. Id. at 11. In support of its contention that this court has at least “specific” jurisdiction over Meril Rivard, Ideal asserts that Meril Rivard’s tortious activities have had a harmful effect on Ideal within the livestock industry in the State of Iowa. Ideal contends that Meril Rivard’s “contributory infringement,” in particular, provides a strong basis for the exercise of personal jurisdiction over him, because the effects of that conduct have been felt daily in Iowa, the seat of the industry in which both parties market and distribute their products and where the acts of infringement occurred and are occurring. Finally, Ideal contends that Iowa is an interested and convenient forum. Ideal contends that Meril Rivard and his company have purposefully directed their activities at this forum and its livestock industry and that this litigation results from the alleged injuries arising out of or relating to those activities. Ideal contends that Meril Rivard’s complaints about the inconvenience of this forum are neither compelling nor credible, because only Meril Rivard himself is likely to be required to travel to Iowa, and then only for trial; other discovery can be conducted in Canada. Ideal contends that this forum is equally convenient to both parties and more convenient to most of the material witnesses and to Ideal than the defendants’ chosen forum in Winnipeg, Manitoba. In reply, Meril Rivard points to the lack of factual support for Ideal’s allegations, which Ideal has attempted to mask by using phrases like “apparently,” “similarly obvious,” “most presumably,” and the like, while failing to cite to any facts ■ in the record. The truth, Meril Rivard contends, is that he simply does not have sufficient contacts with this forum to support either “general” or “specific” jurisdiction. He contends that Ideal’s reliance on “the effects test” for evaluating contacts with the forum is misplaced, because in each case where “the effects test” was found to warrant personal jurisdiction over the defendant, the plaintiff was a resident of the forum state, which is not the situation here. Meril Rivard also contends that jurisdiction over a parent corporation does not automatically establish jurisdiction over an employee or out-of-state agent. Here, Meril Rivard contends that no wrongdoing was directed at Iowa residents, the plaintiff is not an Iowa resident, and the “brunt of the injury,” if any, occurred in Canada or China where sales occurred and alleged statements were made. 2. Applicable standards Rule 12(b)(2) of the Federal Rules of Civil Procedure provides for a pre-answer motion to dismiss for “lack of jurisdiction over the person” of the defendant. Fed. R. Civ. P. 12(b)(2). Both the Eighth Circuit Court of Appeals and the Federal Circuit Court of Appeals, which has exclusive appellate jurisdiction in patent cases, 28 U.S.C. § 1295(a)(1), recognize that, in response to a Rule 12(b)(2) challenge, the party asserting personal jurisdiction only has the burden of establishing a prima facie case. See, e.g., Johnson v. Woodcock, 444 F.3d 953, 955 (8th Cir.2006) (“The party asserting personal jurisdiction has the burden of establishing a prima facie case.”); Romak USA, Inc. v. Rich, 384 F.3d 979, 983 (8th Cir.2004) (“‘[T]o defeat a motion to dismiss for lack of personal jurisdiction, the nonmoving party need only make a prima facie showing of jurisdiction[,]’ and may do so by affidavits, exhibits, or other evidence.”) (quoting Epps v. Stewart Info. Serv. Corp., 327 F.3d 642, 647 (8th Cir.2003)); Trintec Indus., Inc. v. Pedre Promotional Prods., Inc., 395 F.3d 1275, 1282 (Fed.Cir.2005) (where “there has not been discovery on the jurisdictional issue, [the plaintiff] is required ‘only to make a prima facie showing’ of jurisdiction to defeat the motion to dismiss”) (quoting Silent Drive, Inc. v. Strong Indus., Inc., 326 F.3d 1194, 1201 (Fed.Cir. 2003), in turn quoting Deprenyl Animal Health, Inc. v. University of Toronto Innovations Found,., 297 F.3d 1343, 1347 (Fed.Cir.2002)). Moreover, “[i]n evaluating this showing, the district court must construe all pleadings and affidavits in the light most favorable to the plaintiff.” Trintec Indus., Inc., 395 F.3d at 1282-83; accord Romak USA, Inc., 384 F.3d at 983 (“[W]e must view the evidence in the light most favorable to [the plaintiff] and resolve factual conflicts in its favor.... ”). The Federal Circuit Court of Appeals applies its own law, not that of the regional circuit, to issues of personal jurisdiction in a patent infringement case. Rates Tech., Inc. v. Nortel Networks Corp., 399 F.3d 1302, 1307 (Fed.Cir.2005) (citing Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355, 1358 (Fed.Cir. 1998)); Electronics For Imaging, Inc. v. Coyle, 340 F.3d 1344, 1350 (Fed.Cir.2003), cert. denied, 540 U.S. 1111, 124 S.Ct. 1085, 157 L.Ed.2d 899 (2004). The principle of critical importance here, where both pat ent infringement claims and state-law claims are asserted, is that if the court has personal jurisdiction over a defendant as to a patent claim, then the court also has personal jurisdiction over that defendant as to state-law claims, provided that there is supplemental subject matter jurisdiction over those state-law claims pursuant to 28 U.S.C. § 1367. Electronics For Imaging, Inc., 340 F.3d at 1348 n. 1 (citing Silent Drive, Inc., 326 F.3d at 1206; 3D Sys., Inc. v. Aarotech Labs., Inc., 160 F.3d 1373, 1377-78 (Fed.Cir.1998); Inamed Corp. v. Kuzmak, 249 F.3d 1356, 1362-63 (Fed.Cir. 2001); and 13 Charles Alan Wright & Arthur R. Miller, Federal Practice and Procedure § 3523.1 (2002)). Thus, consideration of Federal Circuit standards for personal jurisdiction in a patent case will be dispositive of the issue of the court’s personal jurisdiction over individual defendant Meril Rivard as to all claims against him, including non-patent claims. As the Federal Circuit Court of Appeals has explained, Trintec Indus., Inc., 395 F.3d at 1279. As this court has noted on a number of occasions, Iowa is such a state in which the reach of the state’s long-arm statute “collapses into” the due process inquiry. See, e.g., Remmes v. International Flavors & Fragrances, Inc., 389 F.Supp.2d 1080, 1091 (N.D.Iowa 2005) (citing Bell Paper Box, Inc. v. U.S. Kids, Inc., 22 F.3d 816, 818 (8th Cir.1994)); Med-Tec Iowa, Inc. v. Computerized Imaging Reference Sys., Inc., 223 F.Supp.2d 1034, 1036 (N.D.Iowa 2002); Waitt v. Speed Control, Inc., 212 F.Supp.2d 950, 955 (ND.Iowa 2002); Pure Fishing, Inc. v. Silver Star Co., Ltd., 202 F.Supp.2d 905, 915 (N.D.Iowa 2002). Thus, the question here is whether personal jurisdiction over Meril Rivard comports with due process. Trintec Indus., Inc., 395 F.3d at 1279. The determination whether a district court has personal jurisdiction over the defendants in a patent infringement case generally involves two inquiries. First, does jurisdiction exist under the state long-arm statute? See, e.g., Silent Drive, Inc. v. Strong Indus., Inc., 326 F.3d 1194, 1200 (Fed.Cir.2003); Depre-nyl Animal Health, Inc. v. U. of Toronto Innovations, 297 F.3d 1343, 1349-50 (Fed.Cir.2002); Hildebrand v. Steck Mfg. Co., 279 F.3d 1351, 1354 (Fed.Cir. 2002); Inamed Corp. v. Kuzmak, 249 F.3d 1356, 1359 (Fed.Cir.2001). Second, if such jurisdiction exists, would its exercise be consistent with the limitations of the due process clause? See, e.g., Silent Drive, 326 F.3d at 1201; Inamed, 249 F.3d at 1359-60. Sometimes these two inquiries coalesce into one because the reach of the state long-arm statute is the same as the limits of the due process clause, so that the state limitation ‘collapses into’ the due process requirement. Inamed, 249 F.3d at 1360 (noting that California long-arm statute is coextensive with limits of due process); see also Deprenyl, 297 F.3d at 1350 (same, discussing Kansas long-arm statute); HollyAnne Corp. v. TFT, Inc., 199 F.3d 1304, 1307 (Fed. Cir.1999) (same, discussing Nebraska long-arm statute). Two kinds of personal jurisdiction satisfy due process, “specific” and “general” jurisdiction. Id. “ ‘Specific jurisdiction “arises out of’ or “relates to” the cause of action even if those contacts are “isolated and sporadic.” ... General jurisdiction arises when a defendant maintains “continuous and systematic” contacts with the forum state even when the cause of action has no relation to those contacts.’ ” Id. (quoting LSI Indus. v. Hubbell Lighting, Inc., 232 F.3d 1369, 1375 (Fed.Cir.2000), in turn quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 472-73, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985), and Helicopteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414-16, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984)); accord Epps, 327 F.3d at 648 (Eighth Circuit case also citing Helicopteros Nacionales de Colombia, 466 U.S. at 414, 104 S.Ct. 1868, for the distinctions between “general” and “specific” jurisdiction). The Federal Circuit Court of Appeals has adopted a three-factor test of “specific” jurisdiction for purposes of a patent case, which requires consideration of the following: (1) whether the defendant purposefully directed its activities at residents of the forum state; (2) whether the claim arises out of or relates to the defendant’s activities with the forum state; and (3) whether assertion of personal jurisdiction is reasonable and fair. Electronics For Imaging, Inc., 340 F.3d at 1350. This court will call these factors, respectively, the “purposefully directed” factor, the “claim arising from contacts” factor, and the “reasonable and fair” factor. As the Federal Circuit Court of Appeals has explained, “The first two factors correspond to the ‘minimum contacts’ prong of the International Shoe analysis, and the third factor with the ‘fair play and substantial justice’ prong.” Id. (referring to the seminal Supreme Court case on personal jurisdiction, International Shoe v. Washington, 326 U.S. 310, 66 S.Ct. 154, 90 L.Ed. 95 (1945)). The court will consider each of these factors in turn. 3. Application of the standards a. The “purposefully directed” factor Meril Rivard contends that he did not direct any of his individual activities at this forum. However, Ideal contends that Meril Rivard aimed his company’s allegedly infringing products at Iowa, as a center of the livestock industry, through a distributor in Iowa, and that Meril Rivard is liable for “contributory” infringement, because he personally directed and/or caused the infringing products to be used, offered for sale, sold, and/or shipped into Iowa. Ideal contends that these actions are sufficient basis for personal jurisdiction over Meril Rivard. As the court understands Ideal’s argument, Ideal is asserting essentially a “stream of commerce” theory of personal jurisdiction over Meril Rivard. The Federal Circuit Court of Appeals has explained that there is a split in the United States Supreme Court on the question of whether or not merely placing a product into the stream of commerce, such that it reaches the forum state, satisfies the “purposefully directed” factor. See Commissariat a L’Energie Atomique, 395 F.3d at 1321 (citing Asahi Metal Indus. Co. v. Superior Court of Cal., 480 U.S. 102, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987), for the split). As the Federal Circuit Court of Appeals explained, in Asahi, On the question of minimum contacts, Justice O’Connor, writing for four members of the Court, urged that more than a “mere act of placing the product into the stream [of commerce]” is required, and that due process also demands “an act of the defendant purposefully directed toward the forum State.” [Asahi, 480 U.S. at] 112, 107 S.Ct. 1026, 94 L.Ed.2d 92. Justice Brennan’s position, adopted by three others, was that such “additional conduct” is not needed when the defendant places goods in a stream of commerce defined as “the regular and anticipated flow of products from manufacture to distribution to retail sale.” Id. at 117, 480 U.S. 102, 107 S.Ct. 1026, 94 L.Ed.2d 92. Commissariat a L’Energie Atomique, 395 F.3d at 1321. In Commissariat a L’Ener-gie Atomique, the Federal Circuit Court of Appeals concluded that the evidence showed that the established distribution channels for the defendant’s component created a “regular and anticipated” flow of the product into the state of Delaware and more than “unpredictable currents or eddies,” thus “likely satisfying Justice Brennan’s version of the stream of commerce theory.” Id. at 1321-22. However, the court found that evidence had not yet been presented that would satisfy Justice O’Connor’s standard for “ ‘[additional conduct of the defendant [to] indicate an intent or purpose to serve the market in the forum State, [such as] ... advertising in the forum State, establishing channels for providing regular advice to customers in the forum State, or marketing the product through a distributor who has agreed to serve as the sales agent in the forum state.’ ” Id. at 1322 (quoting Asahi, 480 U.S. at 112, 107 S.Ct. 1026). This was true, in part, because it was unclear to what extent the scope of Delaware’s long-arm statute accords with the scope of the due process clause, and more specifically, which version of the “stream of commerce” theory Delaware would adopt under its statute. Id. Therefore, the court declined to decide on the record then before it whether or not additional evidence, as described by Justice O’Connor, was required to satisfy Delaware law and due process, and remanded for further discovery. Id. at 1322-24. This case presents a somewhat different situation, but one that makes the decision in Commissariat a L’Energie Atomique no less instructive. First, there is no doubt that the scope of Iowa’s long-arm statute is co-extensive with the scope of the due process clause. See, e.g., Remmes, 389 F.Supp.2d at 1091 (citing Bell Paper Box, Inc., 22 F.3d at 818). Thus, if due process is satisfied, the requirements of the Iowa long-arm statute are also satisfied. Compare Commissariat a L’Energie Atomique, 395 F.3d at 1322 (it was not clear whether the scope of the Delaware long-arm statute was the same as the scope of due process). Furthermore, satisfaction of Justice O’Connor’s narrower interpretation of the scope of due process will doubtless satisfy the requirements of both the Iowa long-arm statute and due process. As in Commissariat a L’Energie Ato-mique, this court finds that Ideal has made at least a prima facie showing that the defendants’ launch of an allegedly infringing product into the “stream of commerce” that leads to Iowa would satisfy Justice Brennan’s broader formulation of the doctrine. More specifically, Ideal has made at least a prima facie showing — based on the defendants’ admission that Rivard Instruments has a non-exclusive distributor in Iowa and the fact that Iowa is a key livestock-raising state in which the defendants’ products are used — that the established distribution channels for the defendants’ allegedly infringing product created a “regular and anticipated” flow of the product into the state of Iowa and more than “unpredictable currents or eddies,” thus “likely satisfying Justice Brennan’s version of the stream of commerce theory.” Cf. Commissariat a L’Energie Ato-mique, 395 F.3d at 1321-22 (finding that the defendant’s distribution channels created such a “regular and anticipated flow,” that was more than “unpredictable currents or eddies,” that would carry the defendants’ products into Delaware, thus satisfying Justice Brennan’s formulation). In contrast to the situation in Commissariat a LEnergie Atomique, however, this court also finds that Ideal has made at least a prima facie showing that it can satisfy Justice O’Connor’s standard, which requires a showing of “ ‘[additional conduct of the defendant [to] indicate an intent or purpose to serve the market in the forum State.’ ” Compare id. (finding no sufficient showing to satisfy Justice O’Connor’s formulation). Ideal has done so here by pointing to evidence that the defendants are “ ‘marketing the[ir] product through a distributor who has agreed to serve as the sales agent in the forum state.’ ” See id. at 1322 (quoting Asahi, 480 U.S. at 112, 107 S.Ct. 1026). Thus, if Meril Rivard is responsible for establishing the distribution network for the defendants’ allegedly infringing product in Iowa, due process is satisfied by his launch of allegedly infringing products into the “stream of commerce” leading to Iowa, and he is a defendant over whom this court may properly exercise personal jurisdiction. Cf. id. (noting that such evidence would be sufficient to satisfy Justice O’Connor’s formulation, but not finding such evidence in the case before it). The more complicated question here, however, is exactly how much of the conduct of establishing the distribution network for the defendants’ allegedly infringing product in Iowa is attributable to individual defendant Meril Rivard, because the court must consider its personal jurisdiction over each defendant separately, where the defendants are a corporation and a corporate officer. See, e.g., 3D Sys., Inc. v. Aarotech Labs., Inc., 160 F.3d 1373, 1380 (Fed.Cir.1998) (considering separately whether the court had personal jurisdiction over a corporation and the corporation’s president and CEO). Ideal alleges that Meril Rivard directed the infringing activity by Rivard Instruments and that, in addition, he made two trips to Iowa to attend livestock industry related seminars, that it is “obvious” or “apparent” that Meril Ri-vard has personally maintained contacts with customers and Rivard Instruments’s distributor in the State of Iowa, that he has purposefully availed himself of opportunities in the Iowa livestock industry, and that he has derived personal profit as a result of doing business in Iowa, all of which establish that his individual contacts with and purposeful direction of activities at this forum are sufficient to establish personal jurisdiction over him in this forum. Meril Rivard contends that Ideal is relying entirely on speculation about his conduct and that, in any event, his conduct as alleged consisted of nothing more than acting in his role as a corporate officer. In 3D Systems, the Federal Circuit Court of Appeals found that the court did not have personal jurisdiction over the president and CEO of the defendant corporation, even though it did have personal jurisdiction over the corporation, because all of the corporate officer’s actions in relation to the forum state were taken in his role as an officer of the corporation; there was no showing that he had, individually, purposefully directed his activities toward the residents of the forum state. Id. The court found, further, that there was no adequate basis for disregarding corporate forms or piercing the corporate veil to attribute to the individual officer any of the conduct of the corporation. Id. at 1380-81. Meril Rivard contends that the same situation obtains here, but Ideal contends that it has alleged sufficient individual conduct by Meril Rivard to reach a different result. The court agrees with Meril Ri-vard that allegations that he attended two seminars in Iowa, which he admits, and allegations that he contacted customers and distributors, or even allegations that he personally profited from Rivard Instruments’s conduct in this state — for which there is at present no evidence in the record, only speculation — do not suffice to show anything but actions taken by Meril Rivard in his role as an employee or officer of Rivard Instruments, and as such, those allegations are insufficient to show that he, individually, purposefully directed his activities toward the residents of this state. Id. On the other hand, Ideal also points to its allegations of what it calls “contributory” infringement by Meril Rivard in Iowa as establishing his “purposeful direction” of activities toward this forum or contacts with this forum, so that piercing the corporate veil is irrelevant. Compare id. (where the plaintiff alleged only activities by an officer of the corporation in his role as an officer, and no basis for piercing the corporate veil, there were no contacts attributable to the officer). As the court will explain more fully, infra, beginning on page 619, the court finds that what Ideal has labeled a claim for “contributory infringement” is more properly described as a claim for “indirect infringement” or “inducement of infringement” pursuant to 35 U.S.C. § 271(b). Nevertheless, where “indirect infringement” or “inducement of infringement” involves the defendant’s own actions in directing or encouraging infringement by another in a particular forum, see, e.g., MEMC Elec. Materials, Inc. v. Mitsubishi Materials Silicon Corp., 420 F.3d 1369, 1378 (Fed.Cir.2005) (identifying the elements of a claim of inducement of infringement), it follows that the inducer has directed his activities at the forum just as certainly as the infringer has. Here, Ideal alleges more than just that Meril Rivard effectuated infringing activities by Rivard Instruments in this forum. Compare 3D Sys., Inc., 160 F.3d at 1380 (where all of the corporate officer’s actions in relation to the forum state were taken in his role as an officer of the corporation, there was no showing that he had, individually, purposefully directed his activities toward the residents of the forum state). Rather, Ideal alleges that Meril Rivard, the inducer, directed Rivard Instruments, the direct infringer, to establish the distribution channels for Rivard Instruments’s allegedly infringing product that created a “regular and anticipated” flow of the product into the state of Iowa and more than “unpredictable currents or eddies,” and caused, directed, or induced “ ‘[additional conduct of the defendant [that] indicated] an intent or purpose to serve the market in the forum State,’ ” such as directing the “ ‘marketing [of] the [infringing] product through a distributor who has agreed to serve as the sales agent in the forum state.’” See Commissariat a L’Energie Atomique, 395 F.3d at 1322 (quoting As-ahi, 480 U.S. at 112, 107 S.Ct. 1026). Thus, as alleged, Meril Rivard’s own actions would satisfy both Justice Brennan’s and Justice O’Connor’s formulations of a “stream of commerce” theory of personal jurisdiction. Id. Thus, if Ideal has, indeed, stated a claim for “indirect infringement” or “inducement of infringement” against Meril Rivard upon which relief can be granted, then it would follow that the possibility of his distinct liability for such infringement does make the possibility of his being summoned for judgment in this forum sufficiently foreseeable for this court to exercise personal jurisdiction over him. For the reasons stated infra, beginning at page 619, the court finds that Ideal has stated a claim for “indirect infringement” or “inducement of infringement” upon which relief can be granted. Therefore, Ideal has satisfied the first factor in the personal jurisdiction inquiry. b. The “claim arising from contacts” factor The court turns, next, to consideration of the second factor in the personal jurisdiction inquiry, which is whether the patent claim arises out of or relates to the defendant’s activities within the forum state. Electronics For Imaging, Inc., 340 F.3d at 1350. The analysis of this factor can be comparatively brief, because it is “clear that the tortious injury caused by patent infringement occurs within the state where the allegedly infringing sales are made.” Commissariat a L’Energie Atomique, 395 F.3d at 1318 (citing North Am. Philips Corp., 35 F.3d at 1579; and Beverly Hills Fan Co. v. Royal Sovereign Corp., 21 F.3d 1558, 1571 (Fed.Cir.1994)). Thus, it follows that, if allegedly infringing sales were made in Iowa, then the tortious injury underlying the patent infringement claims occurred within this forum and arose from the contacts of the individual defendant with this forum, all or many of which consisted precisely of “indirect infringement” or “inducement of infringement.” Therefore, this factor is also satisfied as to Meril Rivard, where the court finds, infra, that Ideal has stated a claim of “indirect infringement” or “inducement of infringement” by Meril Rivard resulting in allegedly infringing sales in Iowa. c. The “reasonable and fair” factor The final factor in the analysis of personal jurisdiction in patent cases is whether assertion of personal jurisdiction is “reasonable and fair.” See Electronics For Imaging, Inc., 340 F.3d at 1350 (setting out the three-factor test). As the Federal Circuit Court of Appeals has explained, Once the plaintiff has shown that there are sufficient minimum contacts to satisfy due process, it becomes defendants’ burden to present a “compelling case that the presence of • some other considerations would render jurisdiction unreasonable.” Burger King, 471 U.S. at 477, 105 S.Ct. 2174, 85 L.Ed.2d 528. The reasonableness inquiry encompasses factors including (1) the burden on the defendant, (2) the interests of the forum state, (3) the plaintiffs interest in obtaining relief, (4) the interstate judicial system’s interest in obtaining the most efficient resolution of controversies, and (5) the shared interest of the several states in furthering fundamental substantive social policies. Inamed, 249 F.3d at 1363, (citing Asahi Metal Indus. Co. v. Super. Ct. of Cal., 480 U.S. 102, 113, 107 S.Ct. 1026, 94 L.Ed.2d 92 (1987)). Electronics For Imaging, Inc., 340 F.3d at 1351-52. Meril Rivard contends that litigating in this forum is unduly burdensome on him; that Iowa has no interest in this litigation, which involves out-of-state parties and out-of-state activity; that the issues are already joined in Canadian Federal Court; and that only the Canadian Federal Court has jurisdiction over the infringement issues concerning the '277 patent. Ideal counters that litigating in this forum is not unduly burdensome on Meril Rivard, or at least no more burdensome on him than litigating in Winnipeg, Manitoba, is on Ideal; that Iowa has an interest in protecting its livestock industry and those persons pursuing that business from products that infringe valid patents for products related to that industry; and that the Canadian court does not already have jurisdiction or exclusive jurisdiction over the claims that Ideal is asserting. The court finds that the defendants’ assertion of forum non conveniens subsumes most of the pertinent factors at issue on this prong of the personal jurisdiction analysis. The court will consider in detail the forum non conveniens issue below, beginning at page 633. Suffice it to say here that, upon due consideration of the pertinent factors, the court cannot find that Meril Rivard has met his burden to present a “ ‘compelling case that the presence of some other considerations would render jurisdiction unreasonable.’ ” Electronics For Imaging, Inc., 340 F.3d at 1351-52 (quoting Burger King, 471 U.S. at 477, 105 S.Ct. 2174). Therefore, this factor also does not weigh against the court’s exercise of personal jurisdiction over individual defendant Meril Rivard. 4. Summary Upon consideration of the pertinent factors, see id. at 1350 (stating the three-factor inquiry to determine whether a court has “specific” personal jurisdiction over a defendant in a patent ease), the court finds that it can properly exercise “specific” personal jurisdiction over individual defendant Meril Rivard for “indirect infringement” or “inducement of infringement” of Ideal’s United States patent. Because the court has personal jurisdiction over Meril Rivard for the patent claim, it also has personal jurisdiction over him for supplemental state-law claims over which this court has subject matter jurisdiction pursuant to 28 U.S.C. § 1367. Id. at 1348 n. 1. Therefore, that portion of the defendants’ motion to dismiss seeking dismissal of all claims against individual defendant Meril Rivard for lack of personal jurisdiction will be denied. B. Failure To State Claims Upon Which Relief Can Be Granted Individual defendant Meril Rivard attacks all claims against him pursuant to Rule 12(b)(6) for failure to state claims upon which relief can be granted, and corporate defendant Rivard Instruments asserts the same ground for dismissal of Counts III through VI. As mentioned above, the personal jurisdiction determination is also dependent upon whether Ideal has stated a claim of “indirect infringement” or “inducement of infringement” of Ideal’s United States patent against Meril Rivard upon which relief can be granted. 1. Arguments of the parties In support of the portion of his motion to dismiss asserting failure to state claims upon which relief can be granted, individual defendant Meril Rivard contends, first, that there are no facts alleged to support cognizable claims against him either personally or under an alter ego theory, based on his status as the president and majority shareholder of Rivard Instruments, where all of the individual conduct alleged actually involves no more than conduct in his role as an officer and employee of the corporate defendant, Rivard Instruments. Indeed, Meril Rivard contends that there is no allegation whatsoever in Ideal’s Complaint of an alter ego theory or other theory for piercing the corporate veil, so as to attribute liability to him individually. He also argues that applicable Canadian corporate law would not allow piercing the corporate veil in the circumstances alleged here. Finally, he contends that none of the allegedly defamatory or injurious statements attributed to him in support of Counts III through VI are actionable, because all are statements of opinion rather than fact. Rivard Instruments’s argument in support of dismissal of Counts III through VI for failure to state claims against it upon which relief can be granted are essentially the same as Meril Rivard’s last argument in support of dismissal of these Counts pursuant to Rule 12(b)(6): If Ideal could prove that any of the allegedly damaging statements were made, which the defendants dispute, those statements were non-actionable opinions. In response, Ideal asserts that “alter ego” and “piercing the corporate veil” theories are simply irrelevant here, where Ideal has alleged Meril Rivard’s own wrongdoing, including what it calls “contributory” infringement. Specifically, Ideal contends that each of its claims against Meril Rivard is an intentional tort based on Meril Rivard’s personal conduct, and as such, Meril Rivard cannot hide behind a corporate shield. Moreover, Ideal contends that it has alleged an adequate basis for finding that the statements upon which the claims in Counts III through VI are based are actionable, false statements of fact, not merely statements of opinions. 2. Applicable standards Rule 12(b)(6) of the Federal Rules of Civil Procedure provides for a pre-answer motion to dismiss on the ground that the Complaint “fail[s] to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). The Federal Circuit Court of Appeals has explained that, even in a patent case, “[a] motion to dismiss for failure to state a claim upon which relief can be granted is a purely procedural question not pertaining to patent law, to which this court applies the rule of the regional circuit.” Showmaker v. Advanta USA, Inc., 411 F.3d 1366, 1367-68 (Fed.Cir.2005) (citing C & F Packing Co., Inc. v. IBP, Inc., 224 F.3d 1296, 1306 (Fed.Cir.2000)). Thus, this court’s familiar Eighth Circuit standards apply to this portion of Meril Rivard’s motion to dismiss. The issue on a motion to dismiss for failure to state a claim pursuant to Rule 12(b)(6) is not whether a plaintiff will ultimately prevail, but whether the plaintiff is entitled to offer evidence in support of his or her claims. Scheuer v. Rhodes, 416 U.S. 232, 236, 94 S.Ct. 1683, 40 L.Ed.2d 90 (1974); United States v. Aceto Agric. Chem. Corp., 872 F.2d 1373, 1376 (8th Cir.1989). In considering a motion to dismiss under Rule 12(b)(6), the court must assume that all facts alleged in the plaintiffs complaint are true, and must liberally construe those allegations. Con ley v. Gibson, 355 U.S. 41, 45-46, 78 S.Ct. 99, 2 L.Ed.2d 80 (1957); Gross v. Weber, 186 F.3d 1089, 1090 (8th Cir.1999) (“On a motion to dismiss, we review the district court’s decision de novo, accepting all the factual allegations of the complaint as true and construing them in the light most favorable to [the non-movant].”); St Croix Waterway Ass’n v. Meyer, 178 F.3d 515, 519 (8th Cir.1999) (“We take the well-pleaded allegations in the complaint as true and view the complaint, and all reasonable inferences arising therefrom, in the light most favorable to the plaintiff.”); Gordon v. Hansen, 168 F.3d 1109, 1113 (8th Cir.1999) (same); Midwestern Machinery, Inc. v. Northwest Airlines, 167 F.3d 439, 441 (8th Cir.1999) (same); Wisdom v. First Midwest Bank, 167 F.3d 402, 405 (8th Cir.1999) (same); Duffy v. Landberg, 133 F.3d 1120, 1122 (8th Cir.) (same), cert. denied, 525 U.S. 821, 119 S.Ct. 62, 142 L.Ed.2d 49 (1998); Doe v. Norwest Bank Minn., N.A., 107 F.3d 1297, 1303-04 (8th Cir.1997) (same); WMX Techs., Inc. v. Gasconade County, Mo., 105 F.3d 1195, 1198 (8th Cir.1997) (same); First Commercial Trust v. Colt’s Mfg. Co., 77 F.3d 1081, 1083 (8th Cir.1996) (same). The court is mindful that, in treating the factual allegations of a complaint as true pursuant to Rule 12(b)(6), the court must “reject conclusory allegations of law and unwarranted inferences.” Silver v. H & R Block, Inc., 105 F.3d 394, 397 (8th Cir. 1997) (citing In re Syntex Corp. Securities Lit., 95 F.3d 922, 926 (9th Cir.1996)); Westcott v. City of Omaha, 901 F.2d 1486, 1488 (8th Cir.1990) (the court “do[es] not, however, blindly accept the legal conclusions drawn by the pleader from the facts,” citing Morgan v. Church’s Fried Chicken, 829 F.2d 10, 12 (6th Cir.1987), and 5 C. Wright & A. Miller, Federal Practice and Procedure § 1357, at 595-97 (1969)); see also LRL Properties v. Portage Metro Hous. Auth., 55 F.3d 1097, 1103 (6th Cir.1995) (the court “need not accept as true legal conclusions or unwarranted factual inferences,” quoting Morgan, 829 F.2d at 12). Conclusory allegations need not and will not be taken as true; rather, the court will consider whether the facts alleged in the plaintiffs’ complaint, accepted as true, are sufficient to state a claim upon which relief can be granted. Silver, 105 F.3d at 397; West-cott, 901 F.2d at 1488. The United States Supreme Court and the Eighth Circuit Court of Appeals have both observed that “a court should grant the motion and dismiss the action ‘only if it is clear that no relief could be granted under any set of facts that could be proved consistent with the allegations.’ ” Ban-deen v. Lemaire, 112 F.3d 1339, 1347 (8th Cir.1997) (quoting Bishon v. King & Spalding, 467 U.S. 69, 73, 104 S.Ct. 2229, 81 L.Ed.2d 59 (1984)); accord Conley, 355 U.S. at 45-46, 78 S.Ct. 99 (“A complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his [or her] claim which would entitle him [or her] to relief.”); Meyer, 178 F.3d at 519 (“The question before the district court, and this court on appeal, is whether the plaintiff can prove any set of facts which would entitle the plaintiff to relief’ and “[t]he complaint should be dismissed ‘only if it is clear that no relief can be granted under any set of facts that could be proved consistent with the allegations,’ ” quoting Frey v. City of Bemdaneum, 44 F.3d 667, 671 (8th Cir. 1995)); Gordon, 168 F.3d at 1113 (“We will not dismiss a complaint for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts that would demonstrate an entitlement to relief.”); Midwestern Machinery, Inc., 167 F.3d at 441 (same); Springdale Educ. Ass’n v. Springdale Sch. Dist., 133 F.3d 649, 651 (8th Cir.1998) (same); Pames v. Gateway 2000, Inc., 122 F.3d 539, 546 (8th Cir.1997) (same); Doe, 107 F.3d at 1304 (same); WMX Techs., Inc., 105 F.3d at 1198 (same). Rule 12(b)(6) does not countenance dismissals based on a judge’s disbelief of a complaint’s factual allegations. Neitzke v. Williams, 490 U.S. 319, 327,109 5.Ct. 1827, 104 L.Ed.2d 338 (1989). Thus, “[a] motion to dismiss [pursuant to Rule 12(b)(6) ] should be granted as a practical matter only in the unusual case in which a plaintiff includes allegations that show on the face of the complaint that there is some insuperable bar to relief.” Frey, 44 F.3d at 671 (internal quotation marks and ellipses omitted); accord Pames, 122 F.3d at 546 (also considering whether there is an “insuperable bar to relief’ on the claim). The court will apply these standards to that portion of the defendants’ motion to dismiss seeking dismissal of all claims against Meril Rivard and the claims in Counts III through VI against Rivard Instruments for failure to state claims upon which relief can be granted. 3. Application of the standards a. The infringement claim Meril Rivard seeks dismissal of Count 1 for failure to state a patent infringement claim against him. Ideal has characterized its patent infringement claim against Meril Rivard as a claim of “contributory infringement,” citing CoStar Group, Inc. v. LoopNet, Inc., 373 F.3d 544 (4th Cir.2004), which in turn cites Gershwin Publ. Corp. v. Columbia Artists Mgmt., Inc., 443 F.2d 1159, 1162 (2d Cir. 1971). However, CoStar Group and Gershwin Publishing are both copyright infringement cases, see CoStar Group, Inc., 373 F.3d at 550 (discussing “contributory infringement” of a copyright); Gershwin Publ. Corp., 443 F.2d at 1162 (same), not patent infringement cases like the one now before the court. Moreover, the Federal Circuit Court of Appeals, not the Fourth (or the Second) Circuit Court of Appeals, states governing law in patent infringement cases. See 28 U.S.C. § 1295(a)(1) (the Federal Circuit Court of Appeals has exclusive jurisdiction over appeals in patent cases). Thus, CoStar Group and Gershwin Publishing are inap-posite here. What the Federal Circuit Court of Appeals describes as a claim for “contributory infringement” of a patent is authorized by 35 U.S.C. § 271(c). See, e. g., Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1312 (Fed.Cir. 2005) (citing § 271(c) as defining “contributory infringement” of a patent). That statutory provision imposes liability for “contributory infringement” as follows: (c) Whoever offers to sell or sells within the United States or imports into the United States a component of a patented machine, manufacture, combination or composition, or a material or apparatus for use in practicing a patented process, constituting a material part of the invention, knowing the same to be especially made or especially adapted for use in an infringement of such patent, and not a staple article or commodity of commerce suitable for substantial noninfringing use, shall be liable as a contributory infringer. 35 U.S.C. § 271(c). As the Federal Circuit Court of Appeals has explained, “In order to succeed on a claim of contributory infringement, in addition to proving an act of direct infringement, plaintiff must show that defendant ‘knew that the combination for which its components wer