Ultratech, Inc. v. Ensure NanoTech (Beijing), Inc.

ORDER DENYING DEFENDANT DONGJUN WANG’S MOTION TO DISMISS

INTRODUCTION

In this action for misappropriation of intellectual property, one defendant moves to dismiss all claims against him in his individual capacity for lack of personal jurisdiction and failure to state a claim. For the reasons stated below, the motion is Denied.

STATEMENT

Cambridge NanoTech, Inc., was a Massachusetts company engaged in the manufacture and sale of atomic-layer deposition systems, which are used in the manufacture of semiconductor devices (First Amd. Compl. ¶¶1, 5, 39, Exh. A). In 2008, *820 Cambridge NanoTech entered into a sales-agency agreement- with Start Science (Beijing) Co., Ltd. (id. ¶ 39). That agreement provided that Start Science would serve as a sales agent for Cambridge Na-noTech in Taiwan. The agreement included a forum-selection clause and a clause providing that the agreement would inure to the benefits of the successors of the parties to the agreement (id. Exh. A Sections 5.2, 5.9).

Defendant Dongjun Wang, a citizen and resident of China, signed that agreement as president of Start Science (id. ¶¶ 8, 39). Wang and Start Science were then given access to Cambridge NanoTech’s…