Nuance Communications, Inc. v. Omilia Natural Language Solutions, Ltd. (19-cv-11438).

Judge Saris denied Omilia’s motion to dismiss for lack of personal jurisdiction. Omilia, a Cyprus corporation, sought either dismissal or transfer to the Northern District of Illinois, where it concedes it has sufficient contacts to support personal jurisdiction. Looking into Omilia’s contacts with Massachusetts, Judge Saris determined that Omlilia had the necessary contacts to support personal jurisdiction. She noted that Omilia had identified Boston as its “North American Office” on its website and provided Boston contact information from 2015 to the time it received Nuance’s cease and desist letter in October 2018. Judge Saris further did not credit Omilia’s attempts to identify its Boston contact person as an independent contractor, because Omilia’s website had indicated that he was the company’s “employee number 6” in 2012. She further noted the LinkedIn profile of Omilia’s CEO, which indicated that he worked for Omilia in Boston. Finally Judge Saris pointed to Omilia’s having a physical address in Boston (a WeWork location which served primarily as a mailing address) and Omilia’s presentation at a conference in the state. She found each of these supported purposeful availment. She then looked to the relatedness of these contacts with the asserted patent infringement. Noting that Federal Circuit law on this subject was more permissive towards finding relatedness than many of the other Federal Circuit’s law, she determined that Omilia’s attempts to market and sell accused products to customers in Massachusetts (which occurred at least in part through these contacts) was enough. Finally, Judge Saris determined that hailing Omilia into a Massachusetts court was not unreasonable, because Massachusetts has a strong interest in protecting Nuance, a Massachusetts company, from infringement, that Omilia had not overcome. As a result, this case will proceed in Massachusetts.

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