United States District Court, D. Minnesota
Peter J. Gleekel, Larson King, LLP, Minneapolis, Minnesota, for Plaintiff.
Anthony Joseph Viola, Andrew K. Cizmarik, Edwards Wildman Palmer LLP, New York, New York, Scott David Wofsy, Edwards Wildman Palmer LLP, Stamford, Connecticut, Michael D. Reif, Becky R. Thorson, Ronald J. Schutz, Robins Kaplan Miller & Ciresi LLP, Minneapolis, Minnesota, for Defendant.
MEMORANDUM OPINION AND ORDER
RICHARD H. KYLE, United States District Judge.
Plaintiff Lexion Medical, LLC (" Lexion" ) and Defendant SurgiQuest, Inc. (" SurgiQuest" ) manufacture and sell insufflation devices used in laparoscopic surgery. Lexion commenced the instant action against SurgiQuest in September 2013, alleging that SurgiQuest had made false representations while advertising and marketing its insufflation device. Presently before the Court is SurgiQuest's Motion to Dismiss for lack of personal jurisdiction or, in the alternative, for partial dismissal for failure to state a claim. For the reasons that follow, the Motion will be granted in part and this action dismissed without prejudice for lack of personal jurisdiction.
I. The parties and their devices
Lexion is a Delaware company headquartered in St. Paul, Minnesota. (Am.
Compl. ¶ 1.) It manufactures and sells the " Insuflow" device used in laparoscopic surgery, which it sells to surgeons and hospitals throughout the United States, including in Minnesota. (Id. ¶ ¶ 5, 9.) The device employs a one-way valve to prevent insufflation gas from escaping during surgery. But the gas leaks when, for example, instruments are passed through the valve, and hence more and more carbon dioxide, which is both cold and dry, must be pumped into the patient during a procedure. (Dugan Decl. ¶ 3.) Lexion's device warms and humidifies this gas as it enters the surgical cavity, which it claims is " scientifically proven to be the only method for reducing the side effects" of gas use during laparoscopic surgery. (Am. Compl. ¶ 8.)
SurgiQuest is a Delaware corporation headquartered in Connecticut. (Id. ¶ 2.) It manufactures and sells the " AirSeal" device used in laparoscopic surgery, which works differently than Lexion's Insuflow device. (Id. ¶ 11.) SurgiQuest's device is valveless and utilizes " a horizontal air barrier" to prevent insufflation gas from escaping. (Dugan Decl. ¶ 5.) As a result, it " constantly re-circulates and filters the original [insufflation] gas, without the need to introduce large amounts of additional gas." (Id.) Heating and humidifying is not required when using the AirSeal device, according to SurgiQuest, because the device " does not cause meaningful cooling or drying of the [surgical] environment," as ...