Intellectual Property Law

Demonstration of product at trade show didn't meet all claim limitations; no personal jurisdiction

By McKee, Voorhees & Sease, P.L.C.

In a decision Tuesday, the Federal Circuit affirmed the dismissal of a patent infringement claim for lack of personal jurisdiction.  The alleged infringer showed the allegedly infringing product at a trade show in DC, which led the plaintiff to file suit there. The district court dismissed, holding the defendant had not actually committed an infringing act at the trade show, and thus had not subjected itself to jurisdiction in DC.

The Federal Circuit affirmed.  The defendant's only substantive contact with DC was the trade show.  The court noted the defendant's activities were not a "use" of the patented invention, as the defendant never actually put an infringing device "into service."  Instead, there was no evidence that all elements of any of the plaintiff's patent claims were actually practiced at the trade show.  Accordingly, the court affirmed the dismissal.

More details of Med. Solutions, Inc. v. C Change Surgical LLC after the jump.

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Full post as published by FileWrapper on September 17, 2008 (boomark / email).