Free Response to Motion - District Court of Delaware - Delaware

Case 1 :07-cv-00286-JJF Document 21 Filed 08/O2/2007 Page 1 of 4
iN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
IOVATE HEALTH SCIENCES U.S.A., TNC.,
IOVATE HEALTI-I SCIENCES INTERNATIONAL, TNC.,
IOVATE T & P, INC.,
FLAMMA SpA, and
USE TECHNO CORPORATION,
Plaintiffs,
V C.A. No. 07-286-HF
WELLNX LIFE SCIENCES INC. (d/b/a NV INC.),
NXCARE INC.,
NXLABS INC.,
SLIMQUICK LABORATORIES,
BIOGENETIX,
DEREK WOODGATE, and
BRADLEY WOODGATE,
Defendants.
PLAINTIFFS’ RESPONSE TO INDIVIDUAL DEFENBAN'I`S’
MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION
Plaintiffs hereby respond to Individual Defendants’ Motion To Dismiss for Lack of
Personal Jurisdiction. (D.I. I3) As set forth herein, in order to competently respond to the
allegations set forth in Defendants’ motion to dismiss, Plaintiffs request that the Court grant
limited discovery concerning whether Defendants Derek and Bradley Woodgate are subject to
personal jurisdiction in Delaware.
On May 24, 2007, Plaintiffs Tovate Health Sciences U.S.A., Inc., Iovate Health Sciences
International, Inc., Iovate T & P, lnc., FLAl\/IMA SpA, and Use Techno Corporation, tiled a
patent infringement action against Defendants Wellnx Life Sciences Inc., (d/b/a NV Inc.),
NxCa.re Inc., Nxlabs Inc., Sliniquick Laboratories, Biogenetix, Derek Woodgate, and Bradley I
Woodgate. (DI. I) Thereafter, the parties agreed and stipulated that Defendants would be
na02;srs9ss0.1 I assmtuox I

Case 1 :07-cv-00286-JJF Document 21 Filed 08/O2/2007 Page 2 of 4
allowed additional time in which to answer the complaint. (DI. 12) On July 16, 2007, the
individual defendants, Bradley and Derek Woodgate, tiled a motion to dismiss for lack of
personal jurisdiction. (D.l.i3) In response to the motion to dismiss, Plaintift`s’ counsel
contacted Defendants’ counsel to request limited jurisdictional discovery in order to competently
q respond to the motion to dismiss. On Thursday, July l9, the parties held a meet and confer
regarding Defendants motion and whether Defendants would agree to permit limited
jurisdictional discovery. At the meet and confer, Defendants refused to grant any discovery.
Therefore, on Monday, July 27, Plaintiffs tiled a Motion For Enlargement of Briefing Schedule
In Order to Permit Jurisdictional Discovery Necessary to Respond To Defendants’ Motion to
Disniiss (DJ. 20), a copy of which is attached hereto.
On August 2, 2007, Plaintiffs received notice that based upon the Court’s standing orders,
Piaintiffs’ Motion for Enlargement of Briefing Schedule ln Order to Permit jurisdictional
Discovery Necessary to Respond to Defendants’ Motion to Dismiss was stricken. As set forth
herein, and more hilly set forth in Plaintiffs’ previously tiled motion attached hereto, Plaintiffs
have a need for discovery in order to appropriately respond to Defendants’ motion to dismiss.;
At this time, Plaintiffs are unable to competently respond to Defendants’ motion to
dismiss, which included sworn declarations submitted hy Derek and Bradley Woodgate.
Plaintiffs seek limited discovery with regard to these defendants. Without the necessary, and
limited, jurisdictional discovery sought herein, Plaintiffs believe that they will he prejudiced
from fully responding to Defendants’ motion to dismiss.
'l.“heret`ore, Plaintiffs request that the Court pennit limited discovery concerning personal
jurisdiction over these defendants in Delaware.
I If the Court would prefer, plaintiffs will re—tile their motion on the appropriate date in order to l
comply with the Court’s guidelines.
oaozzerssnsai m066372.l00l l

Case 1 :07-cv-00286-JJF Document 21 Filed 08/O2/2007 Page 3 of 4
YOUNG CONAWAY STARGATT &
TAYLOR, LLP
Jogy W. Ingersoll (# ii0S8)
Karen E. Keller (#4489)
The Brandywine Building
1000 West Street, 17m Floor
Wilmington, DE 19801
(302) 5'71-6554
1<[email protected]
Att01·1zeysfor·Plair1rw€r
Of Counsel:
Richard L. DeLucia
Howard J. Shire
Jerry Canada
1{ENYON & KQENYON LLP
One Broadway
New York, NY 10004
(212) 425-7200
DB02:6E59350.1 06627:-1.1001

Case 1 :07-cv-00286-JJF Document 21 Filed 08/O2/2007 Page 4 of 4
CERTIFICATE OF SERVICE
l, Karen E. Keller, Esq., hereby certify that on August 2, 2007, the foregoing document
was eiectronically tiled with the Clerk ofthe Court using CM/ECF, which will send notification
that such filing is available for viewing and downloading to the following counsel of record:
Mary B. Graham, Esq. [mg:·m'1ori1@r:211a!.com]
Rodger D. Smith, Il, Esq. [rsmith@m1m1‘.com]
James W. Parrett, Jr., Esq. [;pm·1·e!t@m1mt. com]
Monius Nicnots Ansar & Tuunste LLP
E20} N. Market Street
Wilmington, DE 19899
Additionally, I hereby certify that the foregoing document was served by hand-delivery
and e—1nail upon the above-listed counsel and on the following counsel as indicated.
BY E-MAIL
Roger Colaizzi, Esq. [mcolniz2:i@ve11able. com]
Jeffrey A. Dunn, Esq. [jadz:im@ve:2abIe.com]
Taxnany Vinson Bentz, Esq. [Ubem‘z@t>e12ab!e.com]
Vsmnts, LLP
575 7"' Street, NW
Washington, DC 2004-160l
Youuo Comwm Staacmr & Tlwtoa, LLP
Josy W. Ingersoll (N0. 1088)
Karen E. Keller (No. 4489)
The Brandywine Building
ll)00 West Street, l7ti1 Floor
P.O. Box 391
Wilmington, DE 19899»039l
(302)-57l~6600
kkeller@ycst. com
Attomeys for Plaintiffs
DB02:6l=lS073.§ 066372.100l _