Joint Appendix One

Case 2:10-cv-07678-JFW-DTB Document 1 Filed 10/14/10 Page 2 of 32 Page ID #:6
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2. Nanoptix is a Canadian corporation with a principal place of business
in 699 Champlain St., Dieppe, New Brunswick, Canada.
JURISDICTION AND VENUE
3. This is an action for patent infringement arising under the patent laws
of the United States, Title 35, United States Code. Accordingly, this Court has
subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331 and 1338(a).
4. This Court has personal jurisdiction over Nanoptix because Nanoptix
has established minimum contacts with the forum. Nanoptix manufactures and/or
assembles products that are and have been used, offered for sale, sold, and
purchased in the state of California. Nanoptix, directly and/or through its
distribution network, places products within the stream of commerce, which stream
is directed at the state of California, with the knowledge and/or understanding that
such products will be sold in the state of California. Therefore, the exercise of
jurisdiction over Nanoptix would not offend traditional notions of fair play and
substantial justice.
5. Further, this Court has personal jurisdiction over Nanoptix under Fed.
R. Civ. P. 4(k)(2). Nanoptix manufactures and/or assembles products that are and
have been used, offered for sale, sold, and purchased in the United States.
Nanoptix, directly and/or through its distribution network, places products within
the stream of commerce, which stream is directed at the United States as a whole,
with the knowledge and/or understanding that such products will be sold in the
United States. Therefore, the exercise of jurisdiction over Nanoptix would not
offend traditional notions of fair play and substantial justice.
6. Defendants conduct business in this district, including providing
products that are used, offered for sale, sold, purchased, and used in this district.
Venue is therefore proper under 28 U.S.C. §§ 1391 (b), (c), (d) and 1400(b).
-2-
-A0055-
COMPLAINT FOR PATENVF
INFRINGEMENT
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I