Law School Toolbox Podcast Episode 343: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Bar Exam Toolbox Podcast Episode 169: Listen and Learn -- Personal Jurisdiction (Civ Pro)
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Personal Jurisdiction Part 2: The Ford Cases [More With McGlinchey Ep. 8]
Personal Jurisdiction: Not what you learned in law school [More with McGlinchey Ep. 4]
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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