U-tec Group Inc. v. Pine Locks

Background

U-Tec Group Inc. brought a patent dispute against Pine Locks. U-Tec asked the court to appoint a special process server to serve Pine Locks, which the opinion describes as a foreign defendant “said to be” an Isle of Man corporation that may be served under the Hague Convention. U-Tec’s emergency request for a temporary restraining order was also pending.

U-Tec’s counsel represented that he had communicated with an attorney who had made clear that he represented Pine Locks and was authorized to negotiate a settlement for Pine Locks. That attorney declined to accept service of the complaint.

Ruling

The court ordered service on Pine Locks’ attorney under Federal Rule of Civil Procedure 4(f)(3), which permits court-directed service on a foreign defendant by means not otherwise prohibited by international agreement. The court said that service on a foreign corporation’s attorney in the United States was effective, reasonable, and not prohibited by the Hague Convention in circumstances like these.

The court ordered service of the summons and complaint, as well as the emergency motion, on attorney Zac Garthe. U-Tec was directed to arrange personal service at Copernicus Law, 445 Broadway, Denver, Colorado 80203, and to send copies by registered mail through the U.S. Postal Service. Any objections to service could be filed within 10 days after a proof of service was filed on the docket.

Judge James Donato’s order addressed how Pine Locks must be served; it did not decide the underlying patent dispute or the pending emergency motion.