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Patent owners seeking to assert their rights in forums outside their home states may now need to think twice about whether to hit send on a cease-and-desist or demand letter. For the...
A patentee may establish "minimum contacts" in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum.
In Trimble Inc. v. PerDiemCo LLC, Federal Circuit found that threatening a patent infringement action or entering patent license negotiations prior to filing suit, with a company having a presence in a particular state could subject you to jurisdiction in that state.
Advertisement When Cease-and-Desist Letters Create a Risk of a Declaratory Judgment Backlash: Observations from Trimble Inc. v. PerDiemCo LLC Thursday, May 20, 2021 With its recent decision in Trimble Inc. v. PerDiemCo LLC, the Federal Circuit has opened the door for declaratory judgment actions a bit wider. The Court reversed the Northern District of California’s dismissal of a patent declaratory relief action based on lack of personal jurisdiction, and limited the scope previously articulated by its 1998 decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., which aff...
Trimble Inc. v. PerDiemCo LLC , Appeal No. 2019-2164 (Fed. Cir. May 12, 2021) In this week’s Case of the Week, the Federal Circuit revisited its decision in Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998), often cited for the proposition that a patentee does not subject itself to personal jurisdiction in a forum merely by sending correspondence asserting patent infringement by a resident of the forum. On the facts presented, the Court found that a patentee’s negotiations with a California-headquartered corporation supported jurisdiction in the Northern Di...