Civil Procedure Keyed to Spencer
PKWare v. Meade
PKWare (Plaintiff) is a Milwaukee-based software company. Timothy L. Meade (Defendant) is an Ohio resident who owned Ascent Solutions, Inc. (ASI). Plaintiff and Defendant entered into a contract for Defendant to convert some of Plaintiff’s software so that it could be used in environments other than those for which it was designed. Negotiations via phone and email took place between Plaintiff in Wisconsin and Defendant in Ohio. Defendant made one trip to Milwaukee. Under the agreement Defendant could license the source code to third parties and subcontract the conversion work with Plaintiff's consent but was responsible for the work of subcontractors. Defendant's royalty payments were to be accompanied by monthly reports setting forth the sales for each environment for which the software had been converted during the period that the agreement was in effect. Defendant sent Plaintiff some royalty payments and sales reports. Plaintiff sued Defendant and ASI in the United States District Court for the Eastern District of Wisconsin, asserting various claims including state law violations, federal trademark infringement, copyright infringement, and patent infringement. Defendant moved for dismissal for lack of personal jurisdiction and improper venue.
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