Specific Personal Jurisdiction in IP Cases
This case sets out the standards for specific personal jurisdiction and venue in a non-patent IP case.
Personal Jurisdiction
Personal Jurisdiction Discovery
Here’s an example of what jurisdictional discovery and the supplemental briefing that it results in looks like.
Personal jurisdiction
Well, the blue heron appears to be outside the jurisdiction of the pond today. The defendants couldn’t say the same thing after reading this order.
Motions to dismiss
There are a lot of unsuccessful motions to dismiss out there, and here are five of them.
Reconsideration of Personal Jurisdiction & 101 Holding Denied
In this order denying reconsideration, Judge Albright explains why personal jurisdiction is present in this case, and the 101 challenge is for another day.
Stream of Commerce?
It’s always interesting to see where courts are on the “stream of commerce” test when addressing personal jurisdiction issues. Let’s see where we are this month.
Is a declaratory judgment action a patent case so that the general venue statute applies?
This question and more are answered in the attached order resolving a motion to dismiss in a pharmaceutical case asserting (1) lack of personal jurisdiction; (2) improper venue; and (3) the first to file rule.
“Stream of Commerce” Personal Jurisdiction
This is a product liability case in which the third party defendant, a foreign corporation, sought dismissal due to lack of specific personal jurisdiction. The magistrate judge’s analysis of the motion sets forth the current status of the “stream of commerce” approach to personal jurisdiction, analyzing both the foreseeability of the use in Texas, as well as whether the cause of action arose out of the third party defendant’s forum-related contacts, and whether the exercise of jurisdiction would be fair and reasonable. An added benefit is the district court’s order, also copied below, accepting the magistrate judge’s recommended disposition, because it addressed a couple of new arguments raised by the objections.
Demolition Contracting & Disposal v. Beauticontrol
The best case caption ever is wasted on a run of the mill business dispute between a company that buys equipment and a cosmetics company looking to dispose of some – but no, not this equipment. Hey guys, are you interested in the closet full of BeautiControl we’re warehousing in the downstairs hall out on Harris Lake Road?
Yeah, there’s a fight over personal jurisdiction and the Court concluded that there wasn’t any with the usual “reasonably expected” and “purposeful availment” analysis, but who cares? I’m still bummed about all that obsolete skin care product I am sneaking out of the house to the dumpster one bottle at a time hoping my wife won’t notice before one of us dies.
Foreign Corporations & Venue – Personal Jurisdiction & Section 1404 – part 2
Today’s second case addresses the same issues in a case involving the same plaintiff – but with different facts as to a different defendant. And I wanted to point out some additional analysis involving the Federal Circuit’s recent decision in In re HP.