DNA Genotek Inc. v. Spectrum DNA et al., C.A. No. 15-661-SLR, December 14, 2016.

Robinson, J. Defendant’s motion to dismiss for lack of personal jurisdiction is granted.

The court finds that defendant has not sold a product, either directly or through a subsidiary, to a national reseller. Instead, it manufactures a saliva collection device according to specifications of a third party, Ancestry, and sells that device exclusively to Ancestry. It has no control over what happens to the product once shipped to Ancestry.   There is also no evidence the product has reached Delaware except as part of Ancestry’s testing service, making defendant’s role akin to a component manufacturer.  Plaintiff has further not carried its burden to show an agency relationship between defendant and Ancestry. Motion to dismiss is granted.