Core-Vent Corp. v. Nobel Industries Ab, and Per-Ingvar Branemark Tomas Albrektsson Ulf Lekholm Lars Sennerby

concurring:

I agree with Chief Judge Wallace that purposeful avaihnent can be found in this ease.

However, based upon the authorities cited by Judge O’Seannlain and by Judge Wallace, I am convinced that it would be unreasonable to require the Swedish doctors to come to this country to litigate with Core-Vent. Surely we would impose unreasonable burdens upon these scientists, whose sole act was to write a couple of articles in Sweden with knowledge (or even intent) that some copies would reach our shores. If Core-Vent truly believes that it is important to sue these individuals for their actions and that it cannot obtain sufficient satisfaction by pursuing their alleged principal, Core-Vent can go to Sweden.

In fine, we need not decide whether our-law is murky, ambiguous, or even inconsistent in places. I do not do so. Whether the atmosphere is fuliginous or crystalline, we can sure-footedly walk the path to the answer in this case.

Thus, I concur.

dissenting:

The facts we must assess in this appeal, as alleged in Core-Vent’s complaint, demonstrate that Drs. Albrektsson, Lekholm, Sen-nerby, and Branemark (collectively, the Swedish doctors) engaged in tortious conduct purposefully directed at Core-Vent, a resident of the forum state, and intended to cause harm in the forum state. After weighing the relevant factors, I conclude that the Swedish doctors have not presented a compelling argument that the district court’s exercise of personal jurisdiction over them would be unreasonable. Therefore, I dissent.

In its first amended complaint, Core-Vent alleges that Drs. Albrektsson and Lekholm are paid consultants of Nobelpharma. Together they, co-authored an article published in the October 1989 edition of Dental Clinics of North America “that contained false and misleading comparisons of Core-Vent and Nobelpharma implants.” Dr. Sennerby is a Nobelpharma-financed dentist, who in 1990, with Dr. Malmquist, a United States citizen, co-authored an article in the International Journal of Oral and Maxillofacial Implants, which falsely represented the success rate of Core-Vent’s implants to be only 9.3%. In 1990, Drs. Albrektsson and…

We are called upon to decide whether a federal district court in California should exercise personal jurisdiction over four doctors in Sweden who allegedly defamed a California corporation in articles published in international medical journals.

I

Until very recently, Core-Vent was a California corporation with its headquarters in Encino. 1 Core-Vent and its principal competitor, Nobelpharma AB (“Nobelpharma”), a Swedish corporation, are the two largest manufacturers of dental implants in the world.

Branemark, Albrektsson, and Lekholm are professors at the University of Gothenburg in Gothenburg, Sweden. Sennerby is a doctoral candidate at the University of Gothen-burg. (We will refer to the appellees collectively as “the Swedish doctors.”) All are Swedish citizens and none has visited the United States, or, in particular, California more than a few times on random occasions. Branemark visited California most extensively of the four and is alleged to have visited only five times in the last four years. Brane-mark is a director of Nobelpharma, and also directs a research institute at the University that is allegedly financed by Nobelpharma. Albrektsson, Lekholm, and Sennerby work…

11 F.3d 1482 62 USLW 2391 , 27 Fed.R.Serv.3d 1230 CORE-VENT CORP., Plaintiff-Appellant, v. NOBEL INDUSTRIES AB, Defendant, and Per-Ingvar Branemark; Tomas Albrektsson; Ulf Lekholm; Lars Sennerby, Defendants-Appellees. No. 91-56493. United States Court of Appeals, Ninth Circuit. Argued and Submitted April 8, 1993. Decided Dec. 16, 1993. Patrick F. Bright, Bright & Lorig, Los Angeles, CA, for plaintiff-appellant. Alan I. Becker, Burditt & Radzius, Chicago, IL, for defendants-appellees. Appeal from the United States District Court for the Central District of California. Before: WALLACE, Chief Judge; O'SCANNLAIN and FERNANDEZ, Circuit Judges. O'SCANNLAIN, Circuit Judge: 1 We are called upon to decide whether a federal district court in California should exercise personal jurisdiction over four doctors in Sweden who allegedly defamed a California corporation in articles published in international medical journals. 2 * Until very recently, Core-Vent was a California corporation with its headquarters in Encino. 1 Core-Vent and its principal competitor, Nobelpharma AB ("Nobelpharma"), a Swedish corporation, are the two largest manufacturers of dental implants in the world. 3…