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Category: Personal jurisdiction


Attendance at single trade show to display infringing product sufficient for personal jurisdiciton
October 20, 2009
Post by Blog Staff
In a case of first impression for the Federal Circuit, the court addressed the issue of how to apply Federal Rule 4(k)(2) (the Federal Court's long-arm statute) to a defendant. The court, in agreement with several other circuits, that a Rule 4(k)(2) analysis is appropriate when (1) the plaintiff's claim arises under federal law, (2) the defendant is not amenable to jurisdiction in any individual state, an.......
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Patentee's commercial sales not relevant for personal jurisdiction in DJ action
May 20, 2009
Post by Blog Staff
In a decision addressing personal jurisdiction in declaratory judgment actions, the Federal Circuit affirmed a district court's dismissal of an action against a foreign patent owner. The plaintiff sought a declaration that two patents owned by a Taiwanese company were invalid and not infringed in the plaintiff's home forum, the Northern District of Alabama. The patentee sells products covered by the pate.......
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Insufficient enforcement activity in district by patentee leads to dismissal of DJ action
May 20, 2009
Post by Blog Staff
In a decision Monday, the Federal Circuit affirmed a district court's dismissal of a declaratory judgment action against a British patentee for lack of personal jurisdiction. The facts of the case are similar to the Avocent case decided a few months ago. Here, the patentee's only contacts with the district in which the action was brought were the sending of a cease and desist letter and non-exclusively .......
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Eleventh Circuit: Website in Tennessee using Floridian's trademark sufficient for jurisdiction
October 17, 2008
Post by Blog Staff
In a decision last week, the Eleventh Circuit reversed a district court's dismissal of a trademark infringement case for lack of personal jurisdiction. The district court held that the allegedly infringing conduct, operating a website, was insufficient to warrant jurisdiction in the plaintiff's home state of Florida.Here, the plaintiff was an individual, and the trademark allegedly infringed was the plai.......
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Assertions of infringment at trade show sufficient to confer personal jurisdiction in DJ action
September 24, 2008
Post by Blog Staff
In a recent decision, the Federal Circuit reversed a district court's order dismissing a case for lack of personal jurisdiction. The plaintiff brought a declaratory judgment action against the defendant patent holder in Washington. After sending a letter accusing the plaintiff of infringing two patents, the patent holder attempted to get the plaintiff's display removed from a trade show in Seattle and t.......
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Demonstration of product at trade show didn't meet all claim limitations; no personal jurisdiction
September 17, 2008
Post by Blog Staff
In a decision Tuesday, the Federal Circuit affirmed the dismissal of a patent infringement claim for lack of personal jurisdiction. The alleged infringer showed the allegedly infringing product at a trade show in DC, which led the plaintiff to file suit there. The district court dismissed, holding the defendant had not actually committed an infringing act at the trade show, and thus had not subjected itself to ju.......
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Tenth Circuit: Submitting eBay VeRO notice confers jurisdiciton in alleged infringer's home state
January 30, 2008
Post by Blog Staff
In a recent decision, the Tenth Circuit reversed a district court's dismissal of a copyright case for lack of personal jurisdiction. The case arose out of the efforts by a copyright holder to have an eBay auction for allegedly infringing products removed via eBay's VeRO program. After the auction was removed, the alleged infringer filed suit, seeking a declaration that its products did not infringe. T.......
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The attorneys of McKee, Voorhees & Sease, P.L.C. designed this blog as an informational and educational resource about intellectual property law for our clients, other attorneys, and the public as a whole. Our goal is to provide cutting-edge information about recent developments in intellectual property law, including relevant case law updates, proposed legislation, and intellectual property law in the news.

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