LANG VAN, INC. V. VNG CORPORATION

Docket Number: 19-56452
Judge: Bataillon
Opinion Date: July 21, 2022

In a prior appeal, the Ninth Circuit vacated a prior dismissal for lack of personal jurisdiction and remanded with instructions that Plaintiff be permitted to undertake jurisdictional discovery. On remand, the district court granted defendant VNG Corporation’s renewed motion to dismiss, finding that there was no specific personal jurisdiction in California over VNG, a Vietnamese corporation that released the Zing MP3 mobile music application in the Apple App Store and the Google Play store.
 
The Ninth Circuit reversed the district court’s dismissal, for lack of personal jurisdiction, of a copyright infringement suit and remanded for further proceedings. In assessing whether Plaintiff established a prima facie case of jurisdiction, the court analyzed jurisdiction under Federal Rule of Civil Procedure 4(k)(2), which provides for jurisdiction over foreign defendants that have ample contact with the United States as a whole, but whose contacts are so scattered among states that none of them would have jurisdiction. Under Rule 4(k)(2), the plaintiff must prove: (1) the claim at issue arises from federal law; (2) the defendant is not subject to any state’s courts of general jurisdiction; and (3) invoking jurisdiction upholds due process. The plaintiff has the burden to show the first two prongs, and the burden then shifts to the defendant to show that the application of jurisdiction would be unreasonable. The court concluded that VNG purposefully targeted American companies and their intellectual property. Rejecting VNG’s argument regarding forum non conveniens, the court concluded that venue, in this case, was not proper in Vietnam. View “LANG VAN, INC. V. VNG CORPORATION” on Justia Law

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