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Patent Litigation Personal Jurisdiction

Sheppard Mullin Richter & Hampton LLP

Federal Circuit Finds Personal Jurisdiction in an Amazon Product Dispute

In SnapRays, d/b/a SnapPower v. Lighting Defense Group, the Federal Circuit found that a district court could exercise personal jurisdiction over a declaratory judgment defendant based on the defendant’s sending an Amazon...more

Fish & Richardson

Texas Patent Litigation Monthly Wrap-Up: May 2024

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The Texas Patent Litigation Monthly Wrap-Up for May 2024 covers three decisions addressing amendments to infringement contentions, stays while similar actions proceed, and personal jurisdiction over holding companies....more

McDermott Will & Emery

Prime Delivery: Amazon Program Now Offers Personal Jurisdiction to Patent Holders

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Addressing the issue of personal jurisdiction in the context of a declaratory judgment case involving a program for resolving patent infringement claims, the US Court of Appeals for the Federal Circuit concluded that a patent...more

Paul Hastings LLP

The Federal Circuit Addresses Where Participants of Amazon’s APEX Program Can Be Haled Into Court

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The Federal Circuit’s decision in SnapRays, d/b/a SnapPower v. Lighting Defense Group (May 2, 2024) addresses personal jurisdiction in federal district court actions that arise out of Amazon’s Patent Evaluation Express (APEX)...more

WilmerHale

Federal Circuit Patent Watch: Printed Matter Doctrine Applies to Communicative Content, Not All Communications

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  IOENGINE, LLC V. VIDAL (21-1227 Lourie, Chen, Stoll) - Chen, J.  The Court reversed in part and affirmed in part the Final Written Decisions of the Patent Trial and...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2024

SnapRays v. Lighting Defense Group, Appeal No. 2023-1184 (Fed. Cir. May 2, 2024) Our Case of the Week deals with an issue the Court has not addressed recently: the question of declaratory judgment jurisdiction....more

Goodwin

Regeneron’s Disputes with Celltrion, Samsung Bioepis, and Formcycon on Service and Personal Jurisdiction in Aflibercept BPCIA...

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As we have previously reported, in November 2023 Regeneron Pharmaceuticals, Inc. (“Regeneron”) filed complaints against Celltrion,  Samsung Bioepis and Formycon (collectively, “the Defendants”) in the U.S. District Court for...more

BakerHostetler

Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?

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Historically, patentees needed not worry too much about whether their mere pre-suit communications sent from afar into a jurisdiction created personal jurisdiction for a declaratory judgment action. See e.g., Silent Drive,...more

McDermott Will & Emery

2023 IP Outlook: Trends in the Western District of Texas

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Over the past year, two developments infiltrated the Western District of Texas (WDTX) which may decrease the success of venue transfers and keep case volume steady in 2023. These developments could also give plaintiffs more...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Resolves District Court Split, Holds Foreign Defendant Cannot Defeat Rule 4(k)(2) Personal Jurisdiction by...

On January 9, 2023, the U.S. Court of Appeals for the Federal Circuit in In re Stingray IP Solutions, LLC, No. 23-102 granted a writ of mandamus, vacating a decision of the Eastern District Court of Texas which had...more

McDermott Will & Emery

That Stings: Consent to Jurisdiction Must Be Effective at Filing to Invoke Fed. R. Civ. P. 4(k)(2)

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The US Court of Appeals for the Federal Circuit, on petition for writ of mandamus, vacated the district court’s transfer order and remanded the transfer to be considered under the clarified parameters of Fed. R. Civ. P....more

Knobbe Martens

The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

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IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

McDermott Will & Emery

Claim Construction and Jurisdictional Discovery Are More Than Skin Deep

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Referencing the use of antecedents from a “wherein” clause, the US Court of Appeals for the Federal Circuit reversed a district court’s claim construction and vacated its summary judgment ruling of indefiniteness that relied...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - June 2022 #2

University of Massachusetts v. L’Oréal S.A., Appeal No. 2021-1969 (Fed. Cir. June 13, 2022) - In an appeal from the U.S. District Court for the District of Delaware, the Federal Circuit addressed (1) whether the district...more

Morrison & Foerster LLP - Federal Circuitry

Last Week In The Federal Circuit (June 13-17): A Concentration Claim Construction

It’s officially the start of summer, but the Federal Circuit is still hard at work:  last week the Court issued a few precedential opinions, several non-precedential decisions, and a handful of affirmances without opinion...more

Dunlap Bennett & Ludwig PLLC

“Interim Control” – Federal Circuit Further Narrows the Scope of Patent Venue

The Federal Circuit has further narrowed the scope of patent venue statute in In re Volkswagen Group of America, Inc., holding that the requisite control a defendant must exercise over an in-district agent to establish patent...more

Knobbe Martens

Federal Circuit Review - April 2022

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A Construction That Eliminates the Entire Scope of Dependent Claims Should Be Avoided - Littelfuse, Inc. v. Mersen USA Ep Corp., Appeal No. 21-2013, the Federal Circuit vacated a claim construction that violated the doctrine...more

AEON Law

Patent Poetry: Patent License Communications Can Be Basis for Personal Jurisdiction

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The Federal Circuit has held that communications related to buying or licensing patents can form the basis for personal jurisdiction in a patent infringement lawsuit. The case of APPLE INC. v. ZIPIT WIRELESS, INC....more

Goodwin

Federal Circuit Clarifies Standard for Fair and Reasonable Exercise of Jurisdiction Based on Demand Letters

Goodwin on

The U.S. Court of Appeals for the Federal Circuit on Monday issued a decision that clarifies its precedent on the exercise of personal jurisdiction in patent cases. In a precedential decision, the court held that there is no...more

McDermott Will & Emery

Notice Letters, Related Communications May Establish Specific Personal Jurisdiction

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The US Court of Appeals for the Federal Circuit rejected a bright-line rule that patent infringement notice letters and related communications can never form the basis for specific personal jurisdiction. Apple Inc. v. Zipit...more

Alston & Bird

Patent Case Summaries - April 2022 #4

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A weekly summary of the precedential patent-related opinions issued by the Court of Appeals for the Federal Circuit and the opinions designated precedential or informative by the Patent Trial and Appeal Board....more

WilmerHale

Federal Circuit Patent Watch - April 2022 #2

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Precedential Federal Circuit Opinions - NIAZI LICENSING CORPORATION v. ST. JUDE MEDICAL S.C., INC. [OPINION]  (2021-1864, 4/11/22) (Taranto, Bryson, Stoll) - Stoll, J. Affirming sanctions that excluded portions of...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - April 2022 #4

Apple Inc. v. Zipit Wireless, Inc., Appeal No. 2021-1760 (Fed. Cir. Apr. 18, 2022) - In its only precedential patent case this week, the Federal Circuit addressed the extent to which a party exposes itself to personal...more

McDonnell Boehnen Hulbert & Berghoff LLP

Apple Inc. v. Zipit Wireless, Inc. (Fed. Cir. 2022)

Personal jurisdiction is one of those basic concepts in civil procedure that evokes strong memories in most lawyers, of their first year in law school, cases like International Shoe, Burger King, Helicopteros, and World-Wide...more

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