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MYLAN LABORATORIES, INC. v. AKZO, N.V.

No. 92-1826.

2 F.3d 56 (1993)

MYLAN LABORATORIES, INCORPORATED, Plaintiff-Appellant, v. AKZO, N.V., Defendant-Appellee, and Raj Matkari; Ashok Patel; Dilip Shah; Raju Vegesna; Mohammed F. Azeem; Charles Chang; David J. Brancato; Jin-Shung Chang; Walter Kletch; Jan T. Sturm; Pharmaceutical Basics, Incorporated; Par Pharmaceuticals, Incorporated; Quad Pharmaceuticals, Incorporated; American Therapeutics, Incorporated; Vitarine Pharmaceuticals, Incorporated; American Home Products Corporation; Quantum Pharmics, Limited; Steven Colton; Salvatore J. Pinella, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided August 6, 1993.

Amended by Order Filed August 19, 1993.

Attorney(s) appearing for the Case

Judah Best, Debevoise & Plimpton, Washington, D.C., argued (W. Stephen Cannon, Joseph H. Gibson, Wunder, Diefenderfer, Ryan, Cannon & Thelen, on brief), for plaintiff-appellant.

Donald John Mulvihill, Cahill, Gordon & Reindel, Washington, DC, argued (Kathy Silberthau Strom, Scott A. Martin, on brief), for defendant-appellee.

Before ERVIN, Chief Judge, and MURNAGHAN and NIEMEYER, Circuit Judges.

OPINION

ERVIN, Chief Judge:

We must decide whether a federal district court may assert personal jurisdiction over a foreign parent corporation solely because the parent's third-tier subsidiary corporation, over which the parent exerts no control, conducts business in the forum state. We hold that it may not.

I

On June 8, 1989 Mylan Laboratories, Inc. ("Mylan") brought this action in the United States District Court for the District of Columbia...

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