Federal Circuit Again Finds Communications Attempting To Resolve A Patent Dispute Can Be A Basis For Personal Jurisdiction In Declaratory Judgment Action
On April 18, 2022, the United States Court of Appeals for the Federal Circuit (CAFC) reversed the dismissal of a declaratory judgment action for lack of personal jurisdiction by the United States District Court for the Norther District of California (NDCA). Apple, Inc. v. Zipit Wireless, Inc., No. 2021-1760 (Fed. Cir. Apr. 18, 2022). The CAFC found that the NDCA erred in applying a bright-line rule that patent infringement notice letters can never form the basis for personal jurisdiction.
Federal Circuit Denies Mandamus Request Seeking To Require Service Under Hague Convention
On September 10, 2021, the Court of Appeals for the Federal Circuit (CAFC) issued an order denying a petition for a writ of mandamus to the United States District Court for the Western District of Texas, Nos. 6:20-cv-00952-ADA, 6:20-cv-00953-ADA, 6:20-cv-00956-ADA, 6:20-cv-00957-ADA, and 6:20-cv-00958-ADA, Judge Alan D. Albright, directing dismissal of five patent infringement actions for insufficient service of process and lack of personal jurisdiction. In re: ONEPLUS TECHNOLOGY (SHENZEN) CO., __ F.3d __ (Fed. Cir. Sept. 10, 2021). In its order, the CAFC let stand Judge Albrights’s decision finding that the mandamus petitioner’s right to service only under the Hague Convention is not clear and indisputable.
Internet Sales To Forum Residents Processed By Forum-Based Payment Processing Service Not Enough To Establish Personal Jurisdiction Over Retailer
On June 7, 2021, Judge Christina A. Snyder of the United States District Court for the Central District of California granted defendant’s motion to dismiss plaintiff’s complaint for lack of personal jurisdiction. Trustee of the Summers Family Trust TA Neak Products Buff WA Pty, Ltd v. National Distribution Warehouse, Inc. d/b/a Teacher's Choice, case no. 2:20-cv-10741-CAS-Ex. Judge Snyder specifically found that plaintiff had not carried its burden to establish purposeful direction targeted at California or a nexus to a forum-related activity.
Federal Circuit Reverses District Court’s Dismissal Of Declaratory Judgment Action For Lack Of Personal Jurisdiction
On May 12, 2021, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion reversing the decision of the U.S. District Court for the Northern District of California dismissing, for lack of personal jurisdiction, a declaratory judgment noninfringement action. Trimble Inc. v. PerDiemCo LLC, __ F.3d __ (Fed. Cir. May 12, 2021).
UK Defendant’s Interactive Website Insufficient To Establish Personal Jurisdiction In Texas
On December 8, 2020, the U.S. District Court for the Eastern District of Texas (EDTX) unsealed its November 30, 2020, order granting dismissal without prejudice for lack of personal jurisdiction. TriOptima AB v. Quantile Techs. Ltd., Case No. 2:19-cv-00390-JRG, Dkt. No. 154 (E.D. Tex. Dec. 8, 2020); TriOptima AB v. Quantile Techs. Ltd., Case No. 2:19-cv-00390-JRG, Dkt. No. 149 (E.D. Tex. Nov. 30, 2020). The EDTX found that the United Kingdom-based defendant was not subjected to specific personal jurisdiction in Texas by providing financial services that can affect Texas interests through a secure customer portal website.
Federal Circuit Finds Patent Assertion Letters Sufficient For Personal Jurisdiction In Declaratory Judgment Action
On Friday, December 7, 2018, the Court of Appeals for the Federal Circuit (“CAFC”) issued an opinion reversing and remanding a decision by the United States District Court for the Northern District of Texas, in which the district court dismissed plaintiff’s declaratory judgment action against defendant for lack of personal jurisdiction. Jack Henry & Associates, Inc. v. Plano Encryption Technologies LLC, —F.3d— (Fed. Cir. Dec. 7, 2018). The CAFC ruled that defendant’s patent assertion campaign against multiple banks in the Northern District of Texas was sufficient to establish the minimum contacts necessary to subject PET to personal jurisdiction in that venue.
You’ve Got To Know When To Fold’em: Federal Circuit Affirms Dismissal Of Folding Table Patent Case On Personal Jurisdiction Grounds
On Thursday, November 29, 2018, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion affirming a decision by the District Court for the Eastern District of Tennessee dismissing Maxchief Investments Limited’s (“Maxchief”) declaratory judgment action against Wok & Pan, Ind., Inc. (“Wok”) for lack of personal jurisdiction. Maxchief Investments Limited v. Wok & Pan, Ind., Inc., —F.3d— (Fed. Cir. Nov. 29, 2018). The CAFC ruled that Wok lacked sufficient contacts with the forum state of Tennessee to support a finding of specific personal jurisdiction.