Crossbow Technology, Inc. v. YH TECHNOLOGY

ORDER GRANTING PLAINTIFF’S MOTION TO DISMISS YUNCHUN YANG

On August 3, 2007, the Court heard argument on plaintiffs motion to dismiss Yunchun Yang. Having considered the arguments of the parties and the papers submitted, and for good cause shown, the Court hereby GRANTS plaintiffs motion.

BACKGROUND

The patent at issue in this case, number 6,421,622 B1 (“the '622 patent”), describes a method and a system for determining the attitude of an accelerating object exclusively from acceleration and angular rate. The patent issued on July 16, 2002, and was thereafter assigned to plaintiff Crossbow Technology Inc. (“Crossbow”).

Crossbow filed suit under the '622 patent in 2003, claiming that defendants — YH Technology, a sole proprietorship, Yi Yang, its owner, and Yunchun Yang, her husband — were infringing the patent. Defendants answered and filed counterclaims asserting non-infringement and invalidity of the patent. At the first case management conference, defendants disclosed what would be their primary defense to this action — that the Court lacked subject matter jurisdiction because defendants had never made, sold, or offered for sale any infringing product in the United States.…