DNA Genotek Inc. v. Spectrum DNA, et al., C.A. No. 15-661 - SLR, February 4, 2016.
Robinson, J. Defendants’ motion to dismiss for lack of personal jurisdiction is denied without prejudice to renew. Plaintiff’s motion for a preliminary injunction is denied without prejudice to renew.
Defendants are Utah limited liability companies with a principal place of business in Draper, Utah. They have no facilities, employees, bank accounts, or other physical presence in Delaware. It is not registered to do business in Delaware. Other than its website it has not shipped any product to Delaware. Defendants sell their saliva collection devices to Ancestry, which in turn distributes the accused product in Delaware. Jurisdictional discovery is warranted. Injunctive relief request is deferred until jurisdiction is established.