Mink v. AAAA Development LLC
United States Court of Appeals for the Fifth Circuit
190 F.3d 333 (1999)
- Written by Sarah Holley, JD
Facts
David Mink (plaintiff), a Texas resident, created a computer software program and gave a full demonstration of his program, including its written material, to Colorado resident Richard Stark. Mink brought suit against David Middlebrook, a Vermont resident, and AAAA Development LLC, a Vermont corporation, (defendants) in federal district court in Texas. Mink alleged that Stark shared all of the information about his program with Middlebrook who, together with AAAA, conspired to create an identical program in violation of Mink’s then-pending copyright. Neither Middlebrook nor AAAA owned real estate in Texas, AAAA never made any sales in Texas, and AAAA never had any representatives travel to Texas. Although AAAA maintained a website accessible nationwide with information about AAAA’s products and services, electronic mail access, and a printable order form, there was no evidence that AAAA had ever engaged in business transactions or entered into contracts with Texas residents through its website. Mink appealed the district court’s dismissal of his complaint for lack of personal jurisdiction.
Rule of Law
Issue
Holding and Reasoning (Parker, J.)
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