Question

Centurion Wireless, Inc., is a Nebraska corporation that designs and engineers antennas and power products for cell phones. Hop-On is a Nevada corporation, selling, among other products, disposable cell phones. Hop-On and Centurion entered into a contract under which Centurion agreed to design, develop, and integrate an antenna design for Hop-On and to provide up to 100 prototype antennae. Centurion was to be paid $10,000 by February 15, 2002. Centurion also agreed not to sell the antenna design to any other cell phone manufacturers.

Centurion completed its work and made offers to manufacture up to 3 million antennas, but Hop-On declined. Centurion alleges that Hop-On then offered to buy the design, but the parties could not agree on a price.
Centurion learned that Hop-On had copied and used the antenna design in its phones. Hop-On's phones with the Centurion antenna design were sold at Walgreens stores in California. Hop-On operates a website at Hop-On.com, which provides some information about phones and contact information. Centurion filed suit against Hop-On in Nebraska for copyright infringement, conversion, and unjust enrichment. Hop-On has filed a motion to dismiss because of Nebraska's lack of jurisdiction over it.

Does the Nebraska court have jurisdiction?

Answer 1

The Nebraska court's jurisdiction over Hop-On rests upon the extent of Hop-On's contacts with Nebraska, determined by Nebraska's long-arm statute and due process. Factors like contract performance and economic impact may establish minimum contacts. The distribution and online presence might also affect jurisdiction.

Step-by-step explanation:

The Nebraska court's jurisdiction over Hop-On in a case of copyright infringement, conversion, and unjust enrichment depends on the application of the state's long-arm statute and principles of due process. A court has personal jurisdiction if the defendant has sufficient minimum contacts with the forum state, and the exercise of jurisdiction is reasonable and just. In this case, factors such as the existence of a contract between a Nebraska and a Nevada corporation, the performance of contractual obligations within Nebraska, and the impact of the alleged wrongdoing on a Nebraska corporation, could potentially establish the required minimum contacts. Additionally, the distribution of phones incorporating the disputed design in California and operation of a website might contribute to establishing jurisdiction if it can be shown that these activities indicate an intention to serve the Nebraska market. However, specifics of Nebraska's long-arm statute and case law would need to be considered to determine whether jurisdiction is proper.