Attendance at single trade show to display infringing product sufficient for personal jurisdiciton 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) […] Continue Reading →
Insufficient enforcement activity in district by patentee leads to dismissal of DJ action 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 […] Continue Reading →
Patentee’s commercial sales not relevant for personal jurisdiction in DJ action 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 […] Continue Reading →
Eleventh Circuit: Website in Tennessee using Floridian’s trademark sufficient for jurisdiction 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 […] Continue Reading →
Assertions of infringment at trade show sufficient to confer personal jurisdiction in DJ action 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 […] Continue Reading →
Demonstration of product at trade show didn’t meet all claim limitations; no personal jurisdiction 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 […] Continue Reading →
Tenth Circuit: Submitting eBay VeRO notice confers jurisdiciton in alleged infringer’s home state 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 […] Continue Reading →