Citations
- 776 F. Supp. 2d 342
Full opinion text
MEMORANDUM AND ORDER
KEITH P. ELLISON, District Judge.
Pending before the Court are: (1) the Motion to Dismiss Pursuant to Rule 12(b)(6) and, in the Alternative, Rule 12(e) Motion for a More Definite Statement filed by Defendants FugroGeoteam, Inc., Fugro, Inc., Fugro (USA), Inc., and Fugro Geoservices, Inc., and joined by Fugro-Geoteam AS and Fugro Norway Marine Services (Doc. No. 123); and (2) the Motion to Dismiss for lack of personal jurisdiction filed by Fugro-Geoteam AS and Fugro Norway Marine Services (Doc. No. 133).
Upon considering the Motions, all responses thereto, and the applicable law, the Court finds that the Motion to Dismiss Pursuant to and, in the Alternative, Rule 12(e) Motion for a More Definite Statement (Doc. No. 123) must be granted in part and denied in part, and the Motion to Dismiss for lack of personal jurisdiction (Doc. No. 133) must be denied.
I. BACKGROUND
This is a patent infringement case originally brought by WesternGeco L.L.C. (“Plaintiff’ or “WesternGeco”) against Ion Geophysical Corporation (“Ion”) in 2009. WesternGeco alleges that Ion has infringed on five of its U.S. patents — U.S. Patent No. 6,932,017 (the “'017 Patent”), 7,080,607 (the “'607 Patent”), 7,162,967 (the “'967 Patent”), and 7,293,520 (the “'520 Patent”) (“Bittleston Patents” collectively); and U.S. Patent No. 6,691,038 (the “'038 Patent” or “Zajac Patent”). At issue in this case is marine seismic streamer technology that is deployed behind ships. These streamers, essentially long cables, use acoustic signals and sensors to create three-dimensional maps of the subsurface of the ocean floor in order to facilitate natural resource exploration and management. For many seismic studies, greater control over the depth and lateral position of streamers is important in order to achieve optimal imagery from the signals and to maneuver around impediments such as rocks and oil rigs. WesternGeco’s patents all pertain to streamer positioning devices, or devices that are used to control the position of a streamer as it is towed.
A. Factual and Procedural History
In June 2010, WesternGeco filed suit against the following six entities: (1) FugroGeoteam, Inc.; (2) Fugro, Inc.; (3) Fugro (USA), Inc.; (4) Fugro Geoservices, Inc.; (5) FugroGeoteam AS; and (6) Fugro Norway Marine Services. (Case No. 4:10-cv-2120). For purposes of these motions, the following four entities will be referred to as the “Fugro U.S. Defendants”: (1) Fugro-Geoteam, Inc.; (2) Fugro, Inc.; (3) Fugro (USA), Inc.; (4) Fugro Geoservices, Inc. The entities Fugro-Geoteam AS and Fugro Norway Marine Services will be referred to as the “Fugro Norway Defendants.” When referring to all six entities, we will use the term the “Fugro Defendants.” The case brought by WesternGeco against Fugro Defendants was consolidated with WesternGeco’s suit against Ion.
For purposes of the motions to dismiss, the Court accepts the following factual allegations in Plaintiffs complaint as true. Frame v. City of Arlington, 575 F.3d 432, 434 (5th Cir.2009). The Fugro U.S. Defendants and the Fugro Norway Defendants are companies that conduct marine towed streamer surveys. (Compl. ¶ 22.) The Fugro U.S. Defendants are located at a Houston, Texas office (the “Houston Office”). (Id. ¶ 30.) In December 2009, a company named Statoil USA E & P, Inc. (“Statoil”) applied for and received a Geological & Geophysical Permit from the U.S. Department of the Interior in order to conduct a three-dimensional (3D) marine seismic survey in the Chukchi Sea, off the coast of Alaska. (Compl. Exh. F at 1.) The permit application listed Statoil as the applicant and Fugro-Geoteam, Inc. as the “Service Company or Purchaser” that would be conducting the survey. (Id. at 46, 47.) A seismic vessel, the marine vessel Geo Celtic towing an airgun array of airgun and hydrophone streamers for data acquisition, would conduct the survey along with two support vessels. (Id. at 6.) The specifications for the Geo Celtic state that its “Operator” is “Fugro-Geoteam AS” and that “Seismic Management” is conducted by “Fugro Norway Marine Services AS.” The survey would utilize Ion’s DigiFIN and Compass Birds or DigiBIRD and/or Orea command and control software for streamer control and streamer positioning. (Compl. ¶ 31; Exh. F at 21, 23.) WesternGeco states that both the Fugro U.S. Defendants and the Fugro Norway Defendants have offered for sale products and services for use in the Chukchi Sea survey relying, in part, on equipment, services, and/or support provided from the Houston Office. (Compl. ¶ 32.)
The survey would explore Statoil’s lease holdings in the Chukchi Sea. (Id. at 6, 8.) These lease holdings are located in the Outer Continental Shelf (“OCS”), approximately 100 miles northwest of Wainwright, Alaska and 150 miles west of Barrow, Alaska. (Id. at 8.) The Geo Celtic would arrive at Dutch Harbor, Alaska for the load of crew and supplies, before heading to the lease holdings for the seismic survey. (Id.) Nome would be the main port for refueling, resupply and crew changes, with Barrow or Wainwright as backup ports for resupply and crew. (Id. at 7.) After the survey was completed, the Geo Celtic would demobilize to Dutch Harbor. (Id. at 8.)
WesternGeco filed suit against the Fugro Defendants, alleging that the Chukchi Sea survey and other activities constitute infringement of the same five U.S. patents at issue in its suit against Ion. Specifically, WesternGeco claims that the Fugro U.S. Defendants and the Fugro Norway Defendants have violated 35 U.S.C. §§ 271(a), (b), (c), and/or (f) by “making, using, offering to sell, selling and/or supplying in or from the United States products and services relating to steerable streamers (including but not limited to products and services incorporating DigiFIN and ORCA) and/or inducing and/or contributing to such conduct .... ” (Compl. ¶¶ 34.) In addition, WesternGeco claims that the alleged infringement has been willful, rendering this an exceptional case pursuant to 35 U.S.C. § 285.
WesternGeco served both the Fugro U.S. Defendants and the Fugro Norway Defendants, the latter pursuant to the Convention of November 15, 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention.”) The Fugro U.S. Defendants filed a motion to dismiss WesternGeco’s complaint pursuant to Rule 12(b)(6) and, in the alternative, a Rule 12(e) motion for a more definite statement. (Doc. No. 123.) The Fugro Norway Defendants joined in this motion to dismiss and asserted lack of personal jurisdiction as a separate ground for dismissal that is specific to the Fugro Norway Defendants. (Doc. No. 133.). The motions to dismiss have been briefed and are ripe for disposition.
B. Jurisdictional Facts
WesternGeco avers the following facts in its complaint to support the exercise of personal jurisdiction over the Fugro Norway Defendants. The Fugro Norway Defendants are subsidiary companies that share a common owner, Fugro N.V., with the Fugro U.S. Defendants. The “Fugro-Geoteam” designation is a business or marketing brand that encompasses some or all of the Fugro entities and has worldwide responsibility for marine seismic data acquisition services within Fugro. Both the Fugro Norway Defendants and the Fugro U.S. Defendants operate as a single, world-wide, integrated company with substantial contacts in Houston, Texas. First, the Fugro Norway Defendants regularly sell products and services, including infringing products and services, to customers within the Southern District. For example, a Fugro Norway Defendant operated the vessel using the allegedly infringing equipment that conducted the Chukchi Sea seismic survey in order to provide seismic 3D data to Statoil, a company doing business in Houston, Texas. The seismic survey was managed by another Fugro Norway Defendant. Second, the Fugro Norway Defendants have offered for sale infringing products and services relying upon equipment, services, and/or support provided from the Southern District. A Fugro U.S. Defendant — Fugro-Geoteam, Inc. — is listed in the permit application for the Chukchi Sea survey as the “Service Company” who will be conducting exploration activity for Statoil, who is listed as the “Purchaser of Data.” Third, both the Fugro Norway Defendants and the Fugro U.S. Defendants share overlapping directors and management with each other and with their parent, Fugro N.V. Fourth, the 2009 Annual Report of Fugro N.V. states that “effective cooperation” between the Fugro subsidiaries is promoted at various levels, including “the exchange of equipment, employees and expertise between the various activities.” Fifth, both the Fugro Norway Defendants and the Fugro U.S. Defendants share the same website, which is accessible nationally and internationally and is active in interstate commerce. The Fugro Norway Defendants have not submitted any affidavits to controvert WesternGeco’s averments.
WesternGeco has also offered the following facts via affidavit. The Fugro Norway Defendants have regular contacts within this District involving their marine surveys. Such contacts include advertising their seismic data acquisition services in a Houston-based oil and gas magazine, advertising and demonstrating their products and services at industry conferences in Texas, shipping seismic survey equipment to customers located in Houston, and receiving equipment through Galveston. The Fugro Norway Defendants list “6100 Hillcroft Houston, Texas” as their address for shipments. Listings for job opportunities with the Fugro Norway Defendants identify Houston, Texas as the location for the jobs. A Fugro Norway Defendant purchased allegedly infringing equipment from Ion, a Houston-based company, and assisted Ion to develop and test the infringing products. The Fugro Norway Defendants have not submitted any affidavits or documentation to controvert WesternGeco’s affidavit.
Finally, WesternGeco submitted by affidavit a copy of an application submitted to the U.S. Department of Interior for a permit to conduct seismic surveys in the United States’ Exclusive Economic Zone in the Gulf of Mexico. The permit application states that Fugro Geoteam AS, a Fugro Norway Defendant, will conduct seismic surveys for Fugro Multi Client Services, Inc., which is not a party to the litigation. The address for both companies is listed as 6100 Hillcroft Avenue, Houston, Texas, and both have identical telephone and fax numbers. The marine vessels conducting the surveys are the Geo Coral and the Geo Caspian. Fugro Norway Marine Services AS, a Fugro Norway Defendant, is listed as the entity that operates and conducts seismic management for both vessels. The vessels operate from the ports of Galveston, Texas and Fourchon, Louisiana. In addition, WesternGeco submitted via affidavit discovery material obtained from Ion that lists the Geo Coral and the Geo Caspian as vessels that use the allegedly infringing Ion device DigiFIN. The Fugro Norway Defendants assert that the facts contained in the permit application are wrong. They submit declarations from employees of Fugro Multi Client Services, Inc. and Fugro Geoteam, Inc. to assert that Fugro Geoteam Inc., a Fugro U.S. Defendant, rather than Fugro Geoteam AS, a Fugro Norway Defendant, should have been listed on the permit application. As support for this statement, they point out that the employees listed on the application — Hans Christian Vaage, Michael Whitehead, and Steve Garrison — are employees of Fugro Multi Client Services, Inc. and Fugro Geoteam, Inc. The permit application is also asserted to be incorrect in that it should not have listed Galveston, Texas as a port of operation.
II. SUBJECT MATTER JURISDICTION
We briefly address the existence of subject matter jurisdiction. The Fugro Defendants argue that WesternGeco’s action should have been filed as a declaratory judgment action because the acts of infringement alleged to occur during the Chukchi Sea survey were in the future at the time of the complaint’s filing. We construe this argument as a challenge to the ripeness of the action.
“Ripeness is a component of subject matter jurisdiction, because a court has no power to decide disputes that are not yet justiciable.” Lopez v. City of Houston, 617 F.3d 336, 342 (5th Cir.2010) (citing Sample v. Morrison, 406 F.3d 310, 312 (5th Cir.2005)) (per curiam). “A court should dismiss a case for lack of ‘ripeness’ when the case is abstract or hypothetical.” Monk v. Huston, 340 F.3d 279, 282 (5th Cir.2003). The key considerations are “the fitness of the issues for judicial decision and the hardship to the parties of withholding court consideration.” Abbott Labs. v. Gardner, 387 U.S. 136, 149, 87 S.Ct. 1507, 18 L.Ed.2d 681 (1967). A claim is not ripe for adjudication if it rests upon “contingent future events that may not occur as anticipated, or indeed may not occur at all.” Texas v. United States, 523 U.S. 296, 300, 118 S.Ct. 1257, 140 L.Ed.2d 406 (1998) (omitting internal quotation and citation).
WesternGeco’s complaint sets forth a number of factual allegations about the Fugro Defendants’ activities, including their use of allegedly infringing Ion devices in marine towed streamer surveys, a contract with Statoil to conduct a seismic survey using infringing Ion devices, and offers to sell products and services based on use infringing Ion devices. These activities are characterized as having already occurred. At the time of the complaint’s filing, the only alleged event that was yet to occur was the Chukchi Sea survey. The Fugro Defendants’ activities during the survey are fit for judicial review. Though the survey may appear to be “abstract or hypothetical,” it is “sufficiently likely to happen to justify judicial intervention.” Chevron U.S.A., Inc. v. Traillour Oil Co., 987 F.2d 1138, 1153 (5th Cir.1993) (citing 13A Charles Wright, A. Miller & E. Cooper, Federal Practice and Procedure § 3531.12, at 50 (1984)). There are no “contingent future events” upon which the Fugro Defendants are relying in order to proceed with the Chukchi Sea survey. Unlike cases where conditions precedent to a potentially unlawful action had not yet occurred, the Department of the Interior has already approved the necessary permit application for the survey. See Texas v. United States, 523 U.S. at 300, 118 S.Ct. 1257 (facial challenge to the Texas Education Code’s provision appointment of special master was unripe when several statutorily-prescribed steps would have to occur before master would be appointed); Benitec Austl. v. Nucleonics, 495 F.3d 1340, 1346 (Fed.Cir.2007) (defendant’s actions not ripe for challenge when they would not become infringing until after defendant filed new drug application with FDA); Monk v. Huston, 340 F.3d at 283 (action challenging proposed construction of a landfill was unripe when the landfill permit application had not yet been granted); Telectronics Pacing Sys., Inc. v. Ventritex, Inc., 982 F.2d 1520, 1527 (Fed.Cir. 1992) (patent infringement suit unripe where accused defibrillator had only begun clinical trials and was years away from FDA approval). The location of the Fugro Defendant’s activities and Ion device accused of infringing are all known. The infringing Ion device appears to be installed on the Geo Celtic and ready for use, as indicated on the survey’s Plan of Operations. It appears that no further factual issues need to be developed that would render the court in a better position to adjudicate the issues regarding the Chukchi Sea survey in the future than it is now. Pearson v. Holder, 624 F.3d 682, 684 (5th Cir.2010) (omitting citation).
We next consider hardship to the parties if we withhold judicial review. In determining hardship, the doctrine of ripeness overlaps with the doctrine of standing’s “examination of whether a plaintiff has suffered a concrete injury.” Texas v. United States, 497 F.3d 491, 496 (5th Cir. 2007). “The Supreme Court has found hardship to inhere in legal harms, such as the harmful creation of legal rights or obligations; practical harms on the interests advanced by the party seeking relief; and the harm of being ‘force[d] ... to modify [one’s] behavior in order to avoid future adverse consequences.’ ” Id. at 499 (quoting Ohio Forestry Ass’n v. Sierra Club, 523 U.S. 726, 734, 118 S.Ct. 1665, 140 L.Ed.2d 921 (1998)). WesternGeco faces the invasion of its exclusive patent right by the Fugro Defendants and economic loss if its claim is not adjudicated. This type of hardship is equivalent to a concrete injury to WesternGeco’s practical and legal interests. Hardship to the Fugro Defendants will not be mitigated by dismissal since they are likely to face refiling of the same complaint by WesternGeco. On balance, we hold that the fitness of the issues for adjudication and the hardship to the parties demonstrate that the case is ripe for review. The Court possesses subject matter jurisdiction to proceed.
Finally, the Fugro Defendants argue that WesternGeco must file a declaratory judgment action to prevent future infringement. The Federal Circuit has held that the proper vehicle for a suit to redress the future infringement would be an action under the Declaratory Judgment Act, 28 U.S.C. § 2201, rather than a suit under 35 U.S.C. § 271 alone. See Lang v. Pacific Marine & Supply Co., 895 F.2d 761, 765 (Fed.Cir.1990), abrogated on other grounds by, MedImmune, Inc. v. Genentech, 549 U.S. 118, 127 S.Ct. 764, 166 L.Ed.2d 604 (2007). Where, as here, there are a mix of allegations of past and future infringement, the Court grants WesternGeco leave to amend its complaint to add a request for a declaratory judgment. Great Plains Trust Co. v. Morgan Stanley Dean Witter & Co., 313 F.3d 305, 329 (5th Cir. 2002) (“ ‘[District courts often afford plaintiffs at least one opportunity to cure pleading deficiencies before dismissing a case, unless it is clear that the defects are incurable or the plaintiffs advise the court that they are unwilling or unable to amend in a manner that will avoid dismissal.’ ”).
III. LEGAL STANDARDS
A. Rule 12(b)(2)-Personal Jurisdiction
Federal Rule of Civil Procedure 12(b)(2) permits a defendant to move for dismissal of case for lack of personal jurisdiction. Federal Circuit law governs personal jurisdiction determinations in patent cases. Beverly Hills Fan Co. v. Royal Sovereign Corp., 21 F.3d 1558, 1564-65 (Fed.Cir.1994). Determining whether personal jurisdiction over a nonresident defendant is proper entails two inquiries: whether a forum state’s long-arm statute permits service of process, and whether the assertion of jurisdiction would be inconsistent with due process. Electronics For Imaging, Inc. v. Coyle, 340 F.3d 1344, 1349 (Fed.Cir.2003). Because the Texas long-arm statute has been interpreted to extend as far as due process permits, see Electrosource, Inc. v. Horizon Battery Techs., Ltd., 176 F.3d 867, 871 (5th Cir. 1999), the sole inquiry is whether the exercise of personal jurisdiction over a nonresident defendant comports with federal constitutional due process requirements. See Electronics For Imaging, 340 F.3d at 1349-50; Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355, 1358 (Fed.Cir.1998).
Since subject matter jurisdiction here exists by virtue of a federal question, rather than the diversity of the parties, the Due Process Clause of the Fifth Amendment is at issue. Akro Corp. v. Luker, 45 F.3d 1541, 1544 (Fed.Cir.1995). The Due Process Clause permits a court to exercise personal jurisdiction over a foreign defendant when: (1) that defendant has purposefully availed himself of the benefits and protections of the forum state by establishing minimum contacts with the forum state; and (2) the exercise of jurisdiction over that defendant does not offend traditional notions of fair play and substantial justice. Id. (adopting the standard imposed by International Shoe v. Washington, 326 U.S. 310, 316, 66 S.Ct. 154, 90 L.Ed. 95 (1945), upon cases subject to the Fourteenth Amendment’s Due Process Clause).
Courts may exercise personal jurisdiction over defendants on either of two bases: specific or general jurisdiction. Synthes (U.S.A.) v. G.M. dos Reis Jr. Ind. Com. de Equip. Medico, 563 F.3d 1285, 1297 (Fed.Cir.2009). The Federal Circuit applies a three prong test to determine if specific jurisdiction exists: (1) whether the defendant purposefully directed activities at residents of the forum; (2) whether the claim arises out of or relates to those activities; and (3) whether assertion of personal jurisdiction is reasonable and fair. Nuance Communs., Inc. v. Abbyy Software House, 626 F.3d 1222, 1231 (Fed.Cir. 2010). In general, when the cause of action at issue arises out of or relates to the defendants’ contacts with the forum, the court may properly assert specific jurisdiction, even if the contacts are isolated and sporadic. Silent Drive, Inc. v. Strong Indus., Inc., 326 F.3d 1194, 1200 (Fed.Cir. 2003). Indeed, a “substantial connection” with a forum arising out of a “single act can support jurisdiction.” Synthes (U.S.A.), 563 F.3d at 1297 (quoting Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 n. 18, 105 S.Ct. 2174, 85 L.Ed.2d 528 (1985)).
To establish the minimum contacts necessary to establish general jurisdiction, a plaintiff bears a higher burden. Avocent Huntsville Corp. v. Aten Int’l Co., 552 F.3d 1324, 1330 (Fed.Cir.2008). General jurisdiction “requires that the defendant have ‘continuous and systematic’ contacts with the forum state and confers personal jurisdiction even when the cause of action has no relationship with those contacts.” Silent Drive, Inc., 326 F.3d at 1200 (quoting Helicópteros Nacionales de Colombia, S.A. v. Hall, 466 U.S. 408, 414, 104 S.Ct. 1868, 80 L.Ed.2d 404 (1984)). “Neither the United States Supreme Court nor this court has outlined a specific test to follow when analyzing whether a defendant’s activities within a [forum] are ‘continuous and systematic.’ ” Synthes (U.S.A.), 563 F.3d at 1297 (quoting LSI Indus. Inc. v. Hubbell Lighting, Inc., 232 F.3d 1369, 1375 (Fed.Cir.2000)).
If a plaintiff successfully makes a prima facie showing of minimum contacts, the burden shifts to the defendant to show that traditional notions of fair play and substantial justice would be violated by the exercise of jurisdiction. Patent Rights Prot. Group, LLC v. Video Gaming Techs., Inc., 603 F.3d 1364, 1369 (Fed.Cir.2010). In doing so, a court looks at five factors: (1) the burden upon the nonresident defendant to litigate in that forum; (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 several states’ shared interest in furthering substantive social policies. Id. at 1369.
To survive a motion to dismiss in the absence of jurisdictional discovery, a plaintiff need only make a prima facie showing of jurisdiction and all pleadings and affidavits are to be construed in the light most favorable to the plaintiff. Trintec Indus., Inc. v. Pedre Promotional Prods., Inc., 395 F.3d 1275, 1282 (Fed.Cir.2005); Silent Drive, Inc., 326 F.3d at 1201. In considering a motion to dismiss for lack of personal jurisdiction a district court may consider “affidavits, interrogatories, depositions, oral testimony, or any combination of the recognized methods of discovery.” Stuart v. Spademan, 772 F.2d 1185, 1192 (5th Cir.1985); see also Lab. Corp. of Am. Holdings v. Chiron Corp., 384 F.3d 1326, 1330 (Fed.Cir.2004) (stating that procedural matters that are not unique to patent issues shall be governed by the law of the particular regional circuit court where appeals from the district court would normally lie). Allegations of the plaintiffs complaint are taken as true except to the extent that they are controverted by defendant’s affidavits. Elecs. for Imaging, Inc., 340 F.3d at 1349. Any genuine, material conflicts between the facts established by the parties’ affidavits and other evidence are resolved in favor of plaintiff for purposes of determining whether a prima facie case exists. Id. at 1349; Autogenomics, Inc. v. Oxford Gene Tech. Ltd., 566 F.3d 1012, 1017 (Fed.Cir.2009); Deprenyl Animal Health, Inc. v. Univ. of Toronto Innovations Found., 297 F.3d 1343, 1347 (Fed.Cir.2002); Akro Corp., 45 F.3d at 1543. However, the plaintiff is entitled only to those inferences that are reasonable. Pennington Seed, Inc. v. Produce Exch. No. 299, 457 F.3d 1334, 1338 (Fed. Cir.2006).
B. Rule 12(b)(6)
A court may dismiss a complaint for “failure to state a claim upon which relief can be granted.” Fed. R. Civ. P. 12(b)(6). “To survive a Rule 12(b)(6) motion to dismiss, a complaint ‘does not need detailed factual allegations,’ but must provide the plaintiffs grounds for entitlement to relief-including factual allegations that when assumed to be true ‘raise a right to relief above the speculative level.’ ” Cuvillier v. Taylor, 503 F.3d 397, 401 (5th Cir.2007) (citing Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). That is, “a complaint must contain sufficient factual matter, accepted as true, to ‘state a claim to relief that is plausible on its face.’ ” Ashcroft v. Iqbal, 556 U.S. -, 129 S.Ct. 1937, 1949, 173 L.Ed.2d 868 (2009) (quoting Twombly, 550 U.S. at 570, 127 S.Ct. 1955). A claim has facial plausibility “when the plaintiff pleads factual content that allows the court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. (citing Twombly, 550 U.S. at 556, 127 S.Ct. 1955). The plausibility standard is not akin to a “probability requirement,” but asks for more than a sheer possibility that a defendant has acted unlawfully. Id. A pleading need not contain detailed factual allegations, but must set forth more than “labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do.” Twombly, 550 U.S. at 555, 127 S.Ct. 1955 (citation omitted).
Ultimately, the question for the court to decide is whether the complaint states a valid claim when viewed in the light most favorable to the plaintiff. The court must accept well-pleaded facts as true, but legal conclusions are not entitled to the same assumption of truth. Iqbal, 129 S.Ct. at 1950 (citation omitted). The court should not “ ‘strain to find inferences favorable to the plaintiffs’ ” or “accept ‘conelusory allegations, unwarranted deductions, or legal conclusions.’ ” R2 Investments LDC v. Phillips, 401 F.3d 638, 642 (5th Cir.2005) (quoting Southland Sec. Corp. v. INSpire Ins. Solutions, Inc., 365 F.3d 353, 362 (5th Cir.2004)). A district court can consider the contents of the pleadings, including attachments thereto, as well as documents attached to the motion, if they are referenced in the plaintiffs complaint and are central to the claims. Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 499 (5th Cir.2000). Furthermore, a court may refer to matters of public record when deciding a motion to dismiss. Chauhan v. Formosa Plastics Corp., 212 F.3d 595, 595 (5th Cir.2000). Importantly, the court should not evaluate the merits of the allegation, but must satisfy itself only that plaintiff has adequately pled a legally cognizable claim. United States ex rel. Riley v. St. Luke’s Episcopal Hosp., 355 F.3d 370, 376 (5th Cir.2004). “Motions to dismiss under Rule 12(b)(6) are viewed with disfavor and are rarely granted.” Lormand v. U.S. Unwired, Inc., 565 F.3d 228, 232 (5th Cir.2009) (citation omitted); Duke Energy Intern., L.L.C. v. Napoli, 748 F.Supp.2d 656, 671-72 (S.D.Tex.2010).
IY. ANALYSIS
The Fugro Defendants argue that the Complaint fails to allege any action that could be an infringement of U.S. patents has occurred or will occur in the United States. In addition, three of the Fugro U.S. Defendants (Fugro, Inc., Fugro (USA), Inc., and Fugro Geoservices, Inc.) argue that there is no allegation of infringement as to any of them in any location. Alternatively, the Fugro Defendants request a more definite statement under Rule 12(e). The Fugro Norway Defendants assert that the Complaint does not allege facts necessary to assert personal jurisdiction over them. WesternGeco contests all of these arguments.
A. Personal Jurisdiction
The Fugro Norway Defendants contest personal jurisdiction by arguing that WesternGeco has not established a prima facie case for either general or specific jurisdiction. The Fugro Norway Defendants contend that personal jurisdiction can arise only when the defendant has specific continuous and systematic contacts with Texas or when the cause of action arises from the defendant’s activities within Texas. (Doc. No. 133 at 2.) Further, the Fugro Norway Defendants argue that, because WesternGeco has not shown and cannot show that an act of infringement will occur in the United States, they are not subject to personal jurisdiction. WesternGeco argues that it has provided sufficient facts for both general and specific personal jurisdiction, and that the exercise of such jurisdiction would be reasonable.
As an initial matter, we address an issue that the Fugro Norway Defendants argue precludes the exercise of both specific and general jurisdiction. The Fugro Norway Defendants contend that no personal jurisdiction can exist because WesternGeeo has not shown and cannot show that an act of infringement has occurred or will occur in the United States, or, specifically, in Texas. However, the question of whether WesternGeeo has made a prima facie case of patent infringement in the United States is different from whether WesternGeeo has established a prima facie of personal jurisdiction. See Synthes (USA), 563 F.3d at 1298-99 (declining to address whether defendant’s activities constituted direct infringement when determining personal jurisdiction). Only the latter question is before us for purposes of this motion. In determining whether personal jurisdiction exists, we may consider the Fugro Norway Defendants’ contacts with the forum even though they do not constitute infringing actions in themselves. See Akro Corp., 45 F.3d at 1547-48 (quoting with approval B & J Mfg. v. Solar Indus., 483 F.2d 594, 598-99 (8th Cir. 1973)) (“The fact that the defendant has, itself, not directly or indirectly sold the [competing product at issue] in the state because it did not wish the plaintiff to be able to obtain jurisdiction over it in this action hardly defeats jurisdiction here.”); LSI Indus. v. Hubbell Lighting, Inc., 232 F.3d 1369, 1375 (Fed.Cir.2000) (recognizing general jurisdiction over defendant who made sales of non-infringing products to customers in forum state). Therefore, we need only analyze whether exercising jurisdiction over the Fugro Norway Defendants comports with federal constitutional due process. Synthes (USA), 563 F.3d at 1298.
1. Specific Jurisdiction
The Court agrees with WesternGeco that the facts set forth in its complaint and affidavits confers specific jurisdiction over the Fugro Norway Defendants. When the cause of action at issue arises out of or relates to the defendants’ contacts with the forum, the court may properly assert specific jurisdiction, even if the contacts are isolated and sporadic. Silent Drive, Inc., 326 F.3d at 1200. WesternGeco’s averments about the Fugro Norway Defendants’ activities directed at the residents of this forum fall into several categories. See Akro Corp., 45 F.3d at 1547 (“[P]laintiff need not be the forum resident toward whom any, much less all, of the defendant’s relevant’s activities were purposefully directed.”)
First, WesternGeeo points to the relationship between the Fugro Norway Defendants and the Fugro U.S. Defendants — which the Fugro Norway Defendants do not contest — in collaborating and cooperating in seismic data acquisition generally and the Chukchi Sea survey specifically. The Fugro Norway Defendants operates and manages the Geo Celtic, the vessel utilizing the allegedly infringing Ion devices, while the Fugro U.S. Defendants are listed as the “Service Company” that provides the data acquired by the Ion devices to Statoil, the “Purchaser of Data.” The Fugro U.S. Defendants are located in and conduct business from their Houston Office. This type of relationship between the co-defendants, one a forum resident and one an out-of-state resident, serves as purposeful activities that the Fugro Norway Defendants have directed toward the forum resident. See Nuance Comm’ns, Inc., 626 F.3d at 1232 (finding purposefully directed activities due in part to the relationship between commonly owned sister companies operating under a consolidated global management team); Centre One v. Vonage Holdings Corp., Case No. 6:08cv467, 2009 WL 2461003, *3, 2009 U.S. Dist. LEXIS 69683, *11 (E.D.Tex. Aug. 10, 2009) (finding minimal contacts where out-of-state regional telephone companies had an ongoing business relationship with co-defendant resident telephone company to facilitate the use of infringing technology). Moreover, these activities-the shared management and operation of the Chukchi Sea survey-are related to the cause of action because the method of data acquisition during the survey is alleged to have infringed upon WesternGeco’s patents. See Freedom Wireless, Inc. v. Suncom Wireless Holdings, Inc., Case No. 2:07-cv-152, 2008 WL 906281, *1-2, 2008 U.S. Dist. LEXIS 25941, *4-*5 (E.D.Tex. Mar. 31, 2008) (finding specific jurisdiction where foreign codefendant’s ongoing business relationship with resident co-defendant enabled resident’s allegedly infringing activity). Even if the Fugro Norway Defendants’ submission of seismic data and information from the survey to the Fugro U.S. Defendants was isolated and sporadic, it is proper to assume personal jurisdiction over the Fugro Norway Defendants because the seismic data acquisition methods are related to WesternGeco’s infringement claims. Silent Drive, Inc., 326 F.3d at 1200.
Second, specific jurisdiction is appropriate because the Fugro Norway Defendants provided the services requiring use of the infringing Ion device to Statoil, which is alleged to be a Texas resident because it is located and conducts business from its office in Houston. In a patent infringement case, specific jurisdiction over a foreign defendant may be proper if the defendant sells the infringing item to customers in the forum state. See Trintec Indus., Inc. v. Pedre Promotional Products, Inc., 395 F.3d 1275, 1280 (Fed. Cir.2005) (holding that the site of injury for purposes of jurisdictional analysis includes the site of the infringing sale); North Am. Philips Corp. v. American Vending Sales, 35 F.3d 1576, 1579 (Fed. Cir.1994) (“[T]o sell an infringing article to a buyer in [the forum state] is to commit a tort there.”); Moore v. Harney Hardware, Case No. H-05-4054, 2006 WL 1342820, *1, 2006 U.S. Dist. LEXIS 32925, *2 (S.D.Tex. May 15, 2006) (same). Here, the Fugro Norway Defendants, in conjunction with the Fugro U.S. Defendants, sold their services to Statoil, a Texas resident, when they agreed to operate the vessels conducting the Chukchi Sea survey. Statoil’s status as a buyer is confirmed by its characterization as “Purchaser of Data” in the Chukchi Sea survey permit application. This transaction gives rise to the cause of action because the Fugro Norway Defendants used the infringing Ion device while carrying out their obligation to Statoil to complete the survey. The Fugro Norway Defendants assert in briefing that they “do not have any ongoing contractual obligations to be performed in Texas.” (Doc. No. 135 at 6.) This statement cannot be the basis of a genuine factual dispute because it has not been proffered through affidavit or a recognizable form of discovery. See Elecs. for Imaging, Inc., 340 F.3d at 1349; Stuart, 772 F.2d at 1192. Even if appropriate to consider, we note that having a contractual obligation to be performed “in Texas” is not the same as “purposefully directing activities” at Texas residents. It is the latter standard that we must apply. See Nuance Communs., Inc., 626 F.3d at 1231.
In a similar vein, WesternGeco asserts that specific jurisdiction is conferred by the Fugro Norway Defendants’ recent application for a permit from the U.S. Department of the Interior to conduct a seismic survey exploration in the Gulf of Mexico. In the permit application, Fugro Geoteam AS, a Fugro Norway Defendant, is listed as the entity conducting the seismic survey for the “Purchaser of Data,” a non-party Fugro entity (Fugro Multi Client Services, Inc.) that is located in Houston, Texas. Fugro Norway Marine Services AS, the other Fugro Norway Defendant, will operate and conduct seismic management for the two marine vessels, the Geo Coral and Geo Caspian, collecting the seismic data. Similar to their relationship with Statoil, the Fugro Norway Defendants are providing services to an in-state customer. In addition, WesternGeco has submitted evidence that the Geo Coral and Geo Caspian utilize Ion’s allegedly infringing DigiFIN technology. The Fugro Norway Defendants controvert WesternGeco’s evidence by offering declarations stating that Fugro Geoteam AS was mistakenly listed on the permit application instead of Fugro Geoteam, Inc., a Fugro U.S. Defendant. The Fugro Norway Defendants do not suggest that the non-party Fugro Multi Client Services, Inc. is not a Texas resident or that the Geo Celtic and Geo Coral will not be the vessels collecting seismic data. The court must resolve genuine factual conflicts among parties’ affidavits and evidence in favor of plaintiff for purposes of establishing a prima facie case. Thus, we accept the facts contained in the original, unamended permit application listing Fugro GeoteamAS as the “Service Company” and assume that both of the Fugro Norway Defendants will provide seismic data acquisition services to a Texas resident. These services are related to the cause of action because they rely on use of the allegedly infringing Ion devices. We find that these facts support a prima facie case of specific jurisdiction over the Fugro Norway Defendants.
However, we do not find a prima facie case of specific jurisdiction to be supported by evidence of the Fugro Norway Defendants’ presence at trade shows and trade association meetings or advertisement in World Oil. The trade show evidence presented fails to describe the activities in which the Fugro Norway Defendants’ employees were engaged, much less to establish that the Fugro Norway Defendants were advertising and/or sold infringing products or services at the shows. The advertisement in World Oil advertisement may confer personal jurisdiction but is not accompanied by appropriate evidence to demonstrate that World Oil is a Texas-based publication that is distributed to Texas residents.
Neither will we consider the Fugro Norway Defendants’ transactions with other Houston-based customers because of the quality of evidence submitted in support of these links. As evidence of the Fugro Norway Defendants’ sales to other Texas residents, WesternGeco relies on an averment in its complaint, excerpts from the annual reports of various oil companies located in Houston, and excerpts from a website called Panjiva that purports to list several Houston-located companies as customers of the Fugro Norway Defendants. Though the fact of sales to these companies is uncontroverted, WesternGeco has not provided evidence that these transactions give rise to or relate to the alleged infringement.
Similarly, we do not base our finding of specific jurisdiction upon WesternGeco’s assertion that the Fugro Norway Defendants’ relationship as purchaser of products from Ion, a co-defendant in this litigation, subjects them to specific jurisdiction. Although WesternGeco claims that Ion Geophysical Inc., a Texas resident, sold the infringing Ion devices to the Fugro Defendants, the purchasing and collaboration agreement submitted as evidence identifies Concept Systems Limited and Ion Marine as the selling parties, which do not appear to be Texas residents. The two DigiFIN Evaluation Test Reports that are copyrighted by Ion Geophysical Inc. document testing and collaboration, rather than sales, between the entities that occurred outside of Texas.
In sum, we find that WesternGeco has established a prima facie case of personal jurisdiction over the Fugro Norway Defendants based on the Fugro Norway Defendants’ contacts with the Fugro U.S. Defendants, with Statoil, and identification on the Gulf of Mexico survey permit application, all of which give rise to or relate to WesternGeco’s claims of patent infringement.
2. General Jurisdiction
The Court agrees with WesternGeco that the facts set forth in its complaint and affidavits confer general jurisdiction over the Fugro Norway Defendants. WesternGeco argues that the Fugro Norway Defendants have “continuous and systematic” contacts with Texas because they regularly advertise, sell, and ship products and services to and purchase products from Texas residents. In addition, WesternGeco contends that the Fugro Norway Defendants rely on the Houston Office for its headquarters for managing marine surveys and receiving marine seismic products. In addition, the Fugro Norway Defendants’ collaboration with Ion in the development of the infringing products and services confer general jurisdiction.
Neither the Supreme Court nor the Federal Circuit has outlined a specific test to follow in order to determine whether a defendant’s activities within a forum are “continuous and systematic.” Synthes (U.S.A.), 563 F.3d at 1297. However, caselaw suggest that an ongoing business relationship with forum residents, rather than occasional advertisements and attendance at trade shows, can support a finding of continuous and systematic contacts. In Synthes (USA), the Federal Circuit held that a foreign defendant’s attendance at trade shows in the forum, purchases of parts and a machine in the forum, the sale of a product to a customer in the forum, and consultations in the forum about product development did not rise to the level of continuous and systematic contacts. Id. In Centre One, a district court examined the relationship between regional Verizon telephone companies and Verizon Southwest, a forum resident. All Verizon defendants were accused of infringing plaintiffs patent by offering nationwide Voice over Internet Protocol (“VoIP”) service. The regional Verizons, although not incorporated nor having places of business in Texas, worked together with Verizon Southwest to provide a telecommunications network to their customers that included VoiP service. The court found both specific and general jurisdiction because the regional Verizons had “an ongoing business relationship with Verizon Southwest to facilitate the accused instrumentality.” 2009 WL 2461003 at *3, 2009 U.S. Dist. LEXIS 69683 at *11-*12. In ReedHycalog UK, Ltd., a district court found general jurisdiction appropriate over a foreign corporation that did not have a place of business, own assets, possess registration to do business in, or conduct business in Texas. However, the foreign corporation manufactured, developed, leased, sold, and delivered allegedly infringing products to affiliated companies in Texas. 2009 U.S. Dist. LEXIS 77654 at *10 — *11. Finally, in Avery Dennison Corp., an Ohio district court found general jurisdiction over an out-of-state defendant who did not have a regular and established place of business in Ohio and where no infringing activity occurred in Ohio. Avery Dennison Corp. v. Alien Technology Corp., 632 F.Supp.2d 700, 710 (N.D.Ohio 2008) The determinative facts included the defendant’s development contracts with Ohio universities, customers and distributors in Ohio, the physical presence of a key defendant employee in Ohio, and the defendant’s “solutions center” was located in Ohio. Id. at 711.
At this stage, without the opportunity for discovery, WesternGeco need only make a prima facie case for personal jurisdiction; jurisdiction will need to be proved by a preponderance of the evidence at trial. See Mullins v. TestAmerica Inc., 564 F.3d 386, 399 (5th Cir.2009). The strongest allegations that WesternGeco submits for the exercise of general jurisdiction consists of the Fugro Norway Defendants’ own ties to Texas. In its complaint, WesternGeco avers Fugro operates as a single, world-wide, integrated company with substantial contacts in Texas. In addition, WesternGeco avers that the Fugro entities that have offered for sale allegedly infringing products and services relied, in part, on services and/or support provided from Fugro’s Houston office. In support of the averments in the complaint, WesternGeco offers documentation of a relationship between the Fugro Norway Defendants, on one hand, and the Fugro U.S. Defendants residing in Texas, on the other. For example, Fugro-Geoteam AS operates and Fugro Norway Marine Services AS performs seismic management for the Geo Celtic, which will carry out the seismic data acquisition in the Chukchi Sea on behalf of Fugro Geo-team, Inc., a Texas resident located at “6100 Hillcroft, Houston, TX.” Similarly, the companies will operate and conduct seismic management for the Geo Pacific and Geo Coral, which will carry out seismic data acquisition in the Gulf of Mexico on behalf of Fugro Multi Client Services, Inc., a Texas resident located at “6100 Hillcroft Houston, TX.” This fact is not controverted by the Fugro Norway Defendants. In addition to the Fugro Norway Defendants’ connections to Fugro entities residing in Texas, WesternGeco contends that the Fugro Norway Defendants are themselves located and conducting business in Texas. Fugro Geoteam AS is listed as the Service Company/Provider on the permit application for the Gulf of Mexico survey. In the application, Fugro Geo-team AS’s address is “6100 Hillcroft, Ho[u]ston, TX.” The Fugro Norway Defendants contend that Fugro Geoteam, Inc. should have been listed in place of Fugro Geoteam, AS, but we will resolve this factual dispute in favor of WesternGeco. In addition, Fugro Norway Marine Services is listed on an ocean bill of lading as having an address of “6100 Hillcroft Houston, Texas.” Finally, a job posting for Fugro Geoteam AS lists “TX-Offshore” as the location for the job, while a job posting for Fugro Norway Marine Services AS lists “Houston, TX” as either the location for the job or the location of the employer.
However, the presence of employees of the Fugro Norway Defendants at two trade association meetings, without description of their activities at those meetings, and a single advertisement in a magazine does not create continuous and systematic contacts with Texas. See Synthes (USA), 563 F.3d at 1297. Neither can the Fugro Norway Defendants’ purported purchase from Ion serve as contacts with Texas because WesternGeco’s evidence does not establish that the Ion entity selling devices is a Texas resident. The collaborative testing of allegedly infringing Ion devices by Ion Geophysical, Inc. and the Fugro Norway Defendants does not identify activity that could constitute the Fugro Norway Defendants’ continuous or systematic contacts with Texas. Finally, the two sales to Sercel, Inc., a company that has an address in Houston, TX, in December 2007 and July 2009 do not establish that the Fugro Norway Defendants had a high level of sales in Texas or to Texas residents.
We are required to construe all pleadings and affidavits in the light most favorable to WesternGeco and take as true all uncontroverted allegations in WesternGeoc’s complaint. As such, we find that WesternGeco’s averments that the Fugro Norway Defendants have an ongoing business relationship with the Fugro U.S. Defendants residing in Texas, and that they maintain regular and ongoing contacts with Texas themselves. Such inferences are reasonable in light of the evidence that WesternGeco has submitted. Therefore, we find that WesternGeco has established a prima facie case for the exercise of general jurisdiction.
3. Fair Play and Substantial Justice
Finally, we examine whether the Fugro Norway Defendants have met their burden in establishing that the exercise of jurisdiction would offend principles of fair play and substantial justice. The Fugro Norway Defendants have not submitted any evidence or argument to this effect.
Based on our review of the five factors set forth by the Supreme Court in Burger King, we conclude that exercise of jurisdiction would not be constitutionally unreasonable. First, the burden on Fugro Norway Defendants would appear to be significant, although they have not argued this themselves. The Fugro Norway Defendants would be required to defend themselves in a foreign court’s judicial system, and some of their employees may have to travel to the United States. See Synthes (USA), 563 F.3d at 1299. However, “progress in communications and transportation has made the defense of a lawsuit in a foreign tribunal less burdensome.” Id. (omitting citations). In addition, the Fugro Norway Defendants burden may be minimized because they share the same counsel with the Fugro U.S. Defendants and, according to their 2009 Annual Report, already exchange of equipment and personnel with their U.S. colleagues. See Nuance Commun., Inc., 626 F.3d at 1234. Second, WesternGeco possesses a high level of interest in obtaining relief here in Texas because it is a resident of Texas and has brought related claims against Ion and the Fugro U.S. Defendants in this forum. See Akro, 45 F.3d at 1549. Third, Texas possesses an interest in this dispute because the alleged patent infringement has harmed WesternGeco, a resident of the state. Fourth, the interstate judicial system’s interest in obtaining the most efficient resolution of controversies is not present here because no alternative state’s forum has been proposed for resolution of this dispute. Fifth, the shared interest of the several states in furthering fundamental substantive social policies “plays little role in this patent dispute.” Breckenridge Pharm., Inc., 444 F.3d at 1368. Thus, the second and third factors favor WesternGeco and the last two factors are minimally relevant. Even assuming that the first factor favors the Fugro Norway Defendants, they have not met their burden in demonstrating a “compelling case” that the exercise of personal jurisdiction would be unfair under Burger King.
In sum, we conclude that WesternGeco has established a prima facie case for the exercise of specific and general personal jurisdiction over the Fugro Norway Defendants.
B. Failure to State a Claim
The Fugro Defendants argue that WesternGeco’s allegations of infringement in the Chukchi Sea survey are not actionable under U.S. patent law. Further, three entities (Fugro, Inc., Fugro (USA), Inc., and Fugro Geoservices, Inc.) argue that dismissal is required on the additional ground that there is no allegation that these defendants infringed WesternGeco’s patents in any location. Alternatively, the Fugro Defendants request that the Court order a more definite statement by WesternGeco pursuant to Rule 12(e).
In response, WesternGeco argues, first, that its complaint tracks Form 18 of the Federal Rules of Civil Procedure, which provides a form patent infringement complaint, and therefore is sufficient to avoid dismissal for failure to state a claim. Next, WesternGeco argues that acts taking place in the Chukchi Sea are acts within the United States for purposes of patent law. Finally, WesternGeco argues that components supplied from Dutch Harbor, Alaska are sufficient to state a claim for infringement under 35 U.S.C. § 271(f).
The Fugro Defendants’ attack on WesternGeco’s complaint can be divided into two categories: arguments that the pleadings do not meet Rule 8’s pleading standards, and arguments that the pleadings, even if sufficient under Rule 8, fail as a matter of law. We will first address whether WesternGeco’s complaint, and specifically its use of Form 18, complies with Rule 8’s pleading standards. Next, we review whether, as a matter of law, the activities in the Chukchi Sea can constitute direct infringement by the Fugro Defendants under 35 U.S.C. § 271(a). Finally, we determine whether, as a matter of law, the supply of the Geo Celtic from Dutch Harbor, Alaska falls within the § 271(f)’s proscription on the supply of components from the United States or is exempt under 35 U.S.C. § 272.
1. Sufficiency of Form 18 Complaint
As a general matter, we review whether WesternGeco’s use of Form 18 of the Federal Rules of Civil Procedure as a template for its patent infringement complaint allows it to meet the pleading standards of Rule 8. The Federal Circuit has held that a complaint pleaded in conformity with Form 18 is sufficient to avoid dismissal for failure to state a claim even after the Supreme Court’s decision in Twombly. See MeZeal v. Sprint Nextel Corp., 501 F.3d 1354, 1356-58 (Fed.Cir.2007); see also Petersen Indus. v. Hol-Mac Corp., No. 4:10-cv-152-CWR-FKB, 2011 WL 577377, 2011 U.S. Dist. LEXIS 13369 (S.D.Miss. Feb. 9, 2011) (holding that the logic of MeZeal still stands after Twombly and Iqbal). Here, WesternGeco’s complaint conforms to the structure and content of Form 18. In addition, paragraphs 34, 40, 46, 52, and 58 in WesternGeeo’s complaint are factual recitations as opposed to legal conclusions, and fulfill the general pleading requirements for patent infringement under §§ 271(a), (b), (c), and (f). See, e.g., MeZeal, 501 F.3d at 1356-57; Tune Hunter, Inc. v. Samsung Telcoms. Am., LLC, Civ. Action No. 2:09-cvl48-TJW, 2010 WL 1409245, *4-5, 2010 U.S. Dist. LEXIS 31980, *11-*13 (E.D.Tex. Apr. 1, 2010).
However, we cannot stop here. With respect to WesternGeco’s claim for inducement of infringement under § 271(b), the Federal Circuit has held that a plaintiff must show “that the alleged infringer’s actions induced infringing acts and that he knew or should have known his actions would induce actual infringements. The requirement that the alleged infringer knew or should have known his actions would induce actual infringement necessarily includes the requirement that he or she knew of the patent.” DSU Med. Corp. v. JMS Co., 471 F.3d 1293, 1304 (Fed.Cir.2006) (en banc in relevant part) (internal quotations and citations omitted). Here, WesternGeco’s complaint states that the Fugro Defendants were aware of WesternGeco’s patents, used Ion’s allegedly infringing devices in its seismic data acquisition, acted willfully to infringe WesternGeco’s patents, and induced the infringement of those patents. We find these allegations sufficient to state a claim for inducing infringement. This analysis is consistent with those of other courts, which have not required specific intent to induce infringement to be pleaded in the complaint. See Tune Hunter, Inc., 2010 WL 1409245, at *4, 2010 U.S. Dist. LEXIS 31980 at *12; Mesh Comm, LLC v. EKA Sys., Case No. 8:09-cv-1064-T-33TGW, 2010 WL 750337, *1-2, 2010 U.S. Dist. LEXIS 19452, *4 (M.D.Fla. Mar. 4, 2010); Grice Eng’g, Inc. v. JG Innovations, Inc., 691 F.Supp.2d 915, 927 (W.D.Wis.2010); Schindler Elevator Corp. v. Otis Elevator Co., Case No. 09-cv-0560, 2010 WL 1032651, *9, 2010 U.S. Dist. LEXIS 24906, *28-*29 (D.N.J. Mar. 16, 2010).
Similarly, contributory infringement under § 271(c) requires knowledge on the part of the defendant that particular components of an invention being sold, offered to be sold, or imported into the United States are specially made for infringement. Here, the Fugro Defendants are alleged to be aware of WesternGeco’s patents and to contribute to the infringement of those patents. Courts have found that this level of pleading is sufficient to state claim for contributory infringement. See Tune Hunter, Inc., 2010 WL 1409245 at *4, 2010 U.S. Dist. LEXIS 31980 at *12; Mesh Comm, LLC v. EKA Sys., Case No. 8:09-cv-1064-T-33TGW, 2010 WL 750337, *1-2, 2010 U.S. Dist. LEXIS 19452, *4 (M.D.Fla. Mar. 4, 2010).
Finally, WesternGeco’s use of the collective term “Fugro” to refer to the actions of all Fugro Defendants, without distinguishing among the acts of each defendant, is not fatal to its complaint. The Federal Circuit has approved the use of a collective term within a complaint to refer to acts of all defendants without distinction among the exact infringing acts performed by each one. See McZeal, 501 F.3d at 1357 (holding that a complaint alleging only that “defendants” had offered an infringing product for sale, without regard to which of the two defendants specifically had offered the product for sale, contained “enough detail to allow the defendants to answer”). In addition, WesternGeco’s averments in its complaint, which we must accept as true, indicate that the Fugro Defendants operate as a world-wide integrated organization and under the trade name “Fugro Geo-team,” which encompasses some or all of the Fugro Defendants. At this stage, WesternGeco may not know which Fugro Defendant performed what role in the allegedly infringing activity. However, the specific roles of each Fugro Defendant may be determined in discovery. See id. at 1357-58 (holding that plaintiffs complaint fashioned on publicly available information about how defendants’ purportedly infringing device was sufficient and that specifics could be determined through discovery). The Fugro Defendants attempt to introduce facts about each Fugro Defendant in their motion to dismiss, but because they are unsubstantiated by attachments to the motion, we cannot consider such statements in our determination. See Collins v. Morgan Stanley Dean Witter, 224 F.3d 496, 498-499 (5th Cir.Tex.2000) (approving of use of documents attached by a defendant to a motion to dismiss “if they are referred to in the plaintiffs complaint and are central to her claim.”). We note the patent infringement cases cited by the Fugro Defendants in support of their argument that undistinguished facts asserted against multiple defendants generally in insufficient to state a claim against each. See, e.g., PLS-Pacific Laser Sys. v. TLZ Inc., 2007 WL 2022020, 2007 U.S. Dist. LEXIS 53176 (N.D.Cal. July 9, 2007). However, we decline to follow these cases and instead adopt an approach we believe to be approved by the Federal Circuit in McZeal.
2. Direct Infringement in Chukchi Sea Survey
The Fugro Norway Defendants argue that none of the acts alleged to be infringing during the Chukchi Sea survey constitute infringement under U.S. patent law because they occur outside of the United States. Specifically, the survey’s Plan of Operations identifies Statoil’s location of the lease holdings being surveyed as approximately 100 miles off the coast of Alaska. WesternGeco contends that the lease holdings are within the Outer Continental Shelf (“OSC”) and the Exclusive Economic Zone (“EEZ”) of the United States, both of which are within the United States for purposes of U.S. patent law.
Under 35 U.S.C. § 271(a), “whoever without authority makes, uses, offers to sell, or sells any patented invention, within the United States” infringes the patent. “It is well-established that the reach of section 271(a) is limited to infringing activities that occur within the United States.” See MEMC Elec. Materials, Inc. v. Mitsubishi Materials Silicon Corp., 420 F.3d 1369, 1376 (Fed.Cir.2005); Rotec Indus. v. Mitsubishi Corp., 215 F.3d 1246, 1251 (Fed.Cir.2000) (quoting Dowagiac Mfg. Co. v. Minn. Moline Plow Co., 235 U.S. 641, 650, 35 S.Ct. 221, 59 L.Ed. 398 (1915)) (“[T]he right conferred by a patent under our law is confined to the United States and its territories, and infringement of this right cannot be predicated of acts wholly done in a foreign country.”). The term “United States” is defined broadly to include the “United States of America, its territories and possessions.” 35 U.S.C. § 100(c);
The issue presented here is whether th