Home -> Law Blog Directory -> Intellectual Property Law Blogs -> FileWrapper

Intellectual Property Law

: FileWrapper

Assertions of infringment at trade show sufficient to confer personal jurisdiction in DJ action

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

In a recent decision, the Federal Circuit reversed a district court's order dismissing a case for lack of personal jurisdiction.  The plaintiff brought a declaratory judgment action against the defendant patent holder in Washington.  After sending a letter accusing the plaintiff of infringing two patents, the patent holder attempted to get the plaintiff's display removed from a trade show in Seattle and told potential customers the plaintiff had copied their patent.  The district court held that this was insufficient to support jurisdiction, finding the exercise of jurisdiction would "offend traditional notions of fair play and substantial justice."

The Federal Circuit reversed, and held there was a sufficient basis for the district court to exercise specific jurisdiction over the defendants.  As stated by the court:

Of critical importance to the issue of personal jurisdiction, [defendant's] attempts at "extra-judicial patent enforcement" were targeted at [the plaintiff's] business activities in Washington and can fairly be characterized as attempts to limit competition from [plaintiff] at the Seattle convention.

These activities specifically directed at Washington rendered exercise of jurisdiction fair, and the court accordingly reversed the district court's dismissal.

More detail of Campbell Pet Co. v. Miale after the jump.

[More]

Full post as published by FileWrapper on September 24, 2008 (boomark / email).