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Patent Litigation Personal Jurisdiction Declaratory Judgments

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

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

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

BakerHostetler

Patent Declaratory Judgment Jurisdiction: Are Patentees Communicating Too Much?

BakerHostetler on

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

AEON Law

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

AEON Law on

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

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

Knobbe Martens

Notice Letters and Communications May Form a Basis for Personal Jurisdiction

Knobbe Martens on

APPLE INC. v. ZIPIT WIRELESS, INC. [OPINION]- PRECEDENTIAL - Before Hughes, Mayer and Stoll.  Appeal from the United States District Court for the Northern District of California. Summary: Notice letters and related...more

Buckingham, Doolittle & Burroughs, LLC

Dear Patenticity: Infringed and Weighing a C&D Letter

Dear Patenticity, We recently found that an out-of-state competitor is infringing one of our patents.  I know we need to put a stop to it, but I’m worried about the cease-and-desist letter.  I heard that there was a recent...more

Haug Partners LLP

When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

Haug Partners LLP on

A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving....more

McDermott Will & Emery

New Perspective on Specific Personal Jurisdiction in Patent DJ Venue

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit concluded that the minimum contacts or purposeful availment test for specific personal jurisdiction was satisfied where a patent owner sent multiple infringement notice letters...more

Knobbe Martens

Repeated and Specific Litigation Threats – Sufficient Minimum Contacts

Knobbe Martens on

TRIMBLE INC. v. PERDIEMCO LLC - Before Judges Newman, Dyk, and Hughes. Appeal from the United States District Court for the Northern District of California. Summary: Repeated email, phone, and letter communications...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Clarifies Specific Personal Jurisdiction in Declaratory Judgment Actions

On May 12, in Trimble Inc. v. PerDiemCo LLC, the Federal Circuit reaffirmed that there is no general rule preventing patent enforcement letters from providing the basis for jurisdiction in a declaratory judgment action. The...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - May 2021 #3

Trimble Inc. v. PerDiemCo LLC, Appeal No. 2019-2164 (Fed. Cir. May 12, 2021) - In this week’s Case of the Week, the Federal Circuit revisited its decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355...more

Snell & Wilmer

Federal Circuit Broadens Personal Jurisdiction Based on Patent Infringement Letters

Snell & Wilmer on

A recent decision by the Federal Circuit has broadened the potential for declaratory judgment personal jurisdiction to exist based on letters sent to accused patent infringers in a foreign forum. In Jack Henry & Associates,...more

McDermott Will & Emery

Patent Enforcement Letters May Create Personal Jurisdiction

McDermott Will & Emery on

Addressing personal jurisdiction for declaratory judgment actions, the US Court of Appeals for the Federal Circuit found that there was personal jurisdiction over the plaintiff, and that there is no generalized rule that...more

Knobbe Martens

Jack Henry & Associates, Inc. v. Plano Encryption Technologies

Knobbe Martens on

Federal Circuit Summary - Before Newman, Wallach, and Stoll. Appeal from the District Court of the Northern District of Texas. Summary: There is no generalized rule that sending letters alleging patent infringement...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2018 #2

PATENT CASE OF THE WEEK - Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC, Appeal No. 2016-2700 (Fed. Cir. Dec. 7, 2018) On Friday, the Federal Circuit reversed a district court’s dismissal of a...more

Bradley Arant Boult Cummings LLP

A Federal Circuit Reminder that Establishing Personal Jurisdiction in a Declaratory Judgment Action Involving Patents Is a High...

Venue selection has been a primary focus for the past few years in patent infringement cases. However, a recent Federal Circuit decision serves as a reminder that a court must first be found to be able to exercise personal...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - December 2018

Maxchief Investments Ltd. v. Wok & Pan, Ind., Inc., Appeal No. 2018-1121 (Fed. Cir. Nov. 29, 2018) - In the only precedential patent decision this week, the Federal Circuit addressed the extent to which a court has...more

Knobbe Martens

Maxchief Investments Limited v. Wok & Pan, Ind., Inc.

Knobbe Martens on

Federal Circuit Summary - Before Dyk, Reyna, and Hughes. Appeal from the United States District Court for the Eastern District of Tennessee. Summary: In the context of a suit for a declaration of non-infringement and...more

Knobbe Martens

Federal Circuit Review - June 2018

Knobbe Martens on

A Complaint Identifying Infringing Products and the Patents Allegedly Infringed, Accompanied by Statements that the Products Meet All Elements of at Least One Claim of the Asserted Patents, May be Sufficient to Meet the...more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

McDermott Will & Emery

Patent Owner Must Be Subject to Personal Jurisdiction for Declaratory Judgment

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit agreed with a district court that it lacked personal jurisdiction over a patent owner/declaratory judgment defendant where the defendant’s only contacts with the forum were the...more

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