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Patent Law

: Patently Obvious

No Personal Jurisdiction for Patent Case Against Sprint Nextel

By Dennis Crouch, Esq.

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Datascape v. Sprint Nextel (N.D. GA, 2008)

Datascape sued Sprint Nextel for infringement of its patents covering a system for linking non-standard devices to an open network.

In an interesting holding, the Federal district court in Georgia held it lacks personal jurisdiction over Sprint Nextel. It turns out that – despite indications from its website – Sprint Nextel is simply a holding company that holds stock in operating companies.

Based on the evidence presented in this case, the Court is unable to find that Sprint Nextel has contacts with the State of Georgia sufficient to confer either general or specific jurisdiction over Sprint Nextel. Moreover, as to the analysis for specific jurisdiction, in particular, the Court is unable to find, as required by Supreme Court and Federal Circuit law, that Sprint Nextel purposefully directed its activities at the State of Georgia or that the assertion of personal jurisdiction would be reasonable and fair. operating activity of Sprint Nextel, according to Mr. Andreasen, is a telephone refurbishing business in Kansas. Sprint Nextel denies manufacturing, using, selling, importing, and/or offering for sale products or services related to wireless products

Full post as published by Patently Obvious on October 02, 2008 (boomark / email).