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Judge Sue L. Robinson: Voluntary Substitution Continues In Personam Jurisdiction

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Plaintiff Quinstreet Inc. filed a declaratory judgment suit in Delaware against a patent licensing firm EpicRealm for non-infringement of two patents. Quinstreet Inc. v. Parallel Networks, LLC, C.A. No. 06-495-SLR, Memo. Order (D. Del. May 28, 2009). A little over a year later, EpicRealm after its dissolution, in an unopposed motion, substitutes pursuant to Fed. R. Civ. P. 25(c), Parallel Networks as the defendant. Id. at 2. Parallel later moved to dismiss a third party declaratory judgment complaint for lack of personal jurisdiction. The Court found that the Delaware long-arm statute is inapplicable where voluntary substitution occurs under Rule 25(c). Furthermore, where in personam jurisdiction existed over the original party, in this case a Delaware limited partnership, the personal jurisdiction continues so long as service of the motion to substitute was effected. Id. at 5-6.

Quinstreet Inc. v. Parallel Networks, LLC, C.A. No. 06-495-SLR, Memo. Order (D. Del. May 28, 2009).

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