Facts: Viking Air Ltd. and Aevex Aerospace, along with Ikhana Group LLC and Ikhana Aircraft Canada Inc., are engaged in a legal dispute over modifications to the 400 Series Twin Otter Aircraft. Viking alleges that the modifications breach a data license and royalty agreement (DLA) and a service center agreement (FESC), asserting that the modifications involve the use of its proprietary information and intellectual property.
Issue: The primary legal issue revolves around the jurisdiction and enforceability of forum selection clauses within the agreements, with Viking arguing for the case to be heard in British Columbia, Canada, due to specific contractual clauses, and the defendants favoring the Southern California U.S. District Court.
Court’s Ruling: The details provided do not specify the final ruling of the court regarding the jurisdiction or the merits of the case. However, the document discusses the criteria for establishing territorial competence and the application of forum selection clauses in determining the appropriate jurisdiction for the dispute.
Costs/Damages: The amount of costs or damages awarded is not detailed in the provided excerpts, as the focus is on jurisdictional and preliminary matters rather than a final judgment on the substantive issues or assessment of damages.
