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Maynard v. Philadelphia Cervical Collar Company, Inc.

Dismissal of patent infringement complaint for lack of personal jurisdiction over defendants affirmed because there was no evidence that defendants purposely availed themselves of the laws and benefits of conducting business in Kentucky.

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NOTE: Pursuant to Fed. Cir. R. 47.6, this disposition is not citable as precedent. It is a public record. The disposition will appear in tables published periodically.

Steven Maynard, pro se, seeks review of the June 19, 2000, order by the United States District Court for the Eastern District of Kentucky, adopting the February 3, 2000 and May 26, 2000, proposed findings of fact and recommendations of the Magistrate Judge, dismissing Maynard’s patent infringement complaint for lack of personal jurisdiction over Philadelphia Cervical Collar Company, Inc. (“Philadelphia Cervical”); Charles Greiner and Company, Inc. (“Greiner Company”); Salvatore Calabrese, Anthony Calabrese (grandchildren and great grandchildren of), the Estate of Anthony Calabrese, Carolyn Calabrese, and Rita Calabrese (collectively, “Calabrese defendants”); and Frank Gramaglia, Joseph Gramaglia, Ernest Gramaglia, and Elvira Gramaglia (collectively, “Gramaglia defendants”). Maynard v. Philadelphia Cervical Collar Co., Inc. et al., No. 99-CV-141 (E.D. Ky. June 19, 2000). We affirm.

Kentucky’s long-arm statute “extends personal jurisdiction over nonresidents only to the limits of the Constitution’s due process clause.” Wright v. Sullivan Payne Co., 839 S.W.2d 250, 253 (Ky. 1992). Therefore, the analysis of whether the court has personal jurisdiction over an out-of-state party merges “into the single question of whether the jurisdiction sought is within the requirements of due process” under the Constitution. First Nat’l Bank of Louisville v. J.W. Brewer Tire Co., 680 F.2d 1123, 1125 (6th Cir. 1982).

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