Posts Tagged: "specific jurisdiction"

Specific Personal Jurisdiction Requires ‘Substantial’ not ‘Attenuated’ Forum Contacts

NexLearn sued Allen in district court, alleging patent infringement and breach of contract, based on a nondisclosure agreement (NDA) that allowed Allen to use a trial version of NexLearn’s software product… An interactive website that invites a sale into a forum, when no such sale has occurred, is not evidence of minimum contacts to demonstrate the defendant purposefully availed itself of the forum state. A substantial connection with a forum, not an attenuated affiliation, is required for specific personal jurisdiction.

Robert Schaffer & Joseph Robinson

June 23, 2017

Federal Circuit Vacates District Court’s Determination on Personal Jurisdiction

Polar argued on appeal that the district court erred in finding that Suunto did not have sufficient contacts in Delaware. The Court agreed with Polar. The Court held that there were sufficient contacts, because there was evidence Suunto purposefully shipped at least ninety-four accused products to Delaware retailers and fully expected that its products would then be sold in Delaware. The record also showed that Suunto entered into a distribution agreement with ASWO to market and distribute its products in the United States. It was Suunto who physically fulfilled orders, packaged products, and prepared shipments intended for Delaware. Suunto did not simply leave the products on a dock in Finland. Because Suunto purposefully availed itself of the Delaware market, the Court concluded that Suunto had sufficient minimum contacts with Delaware.

Joseph Robinson & Robert Schaffer

July 22, 2016

Narrow Internet Personal Jurisdiction Leads to Trademark Infringement Case Dismissed

The United States Federal District Court for the District of Nevada has dismissed a trademark infringement lawsuit against a foreign Internet poker site in a ruling that signals a rather substantial win for Internet businesses at large… Judge Robert C. Jones granted iBus Media Holdings’ motion for dismissal of Best Odds Corp.’s trademark infringement lawsuit. Judge Jones said the plaintiff failed to make a case that Nevada courts had general jurisdiction over the foreign-based iBus Media, citing the Supreme Court’s recent Daimler AG v. Bauman decision, which Jones said ”clarified that the reach of general jurisdiction is narrower than had been supposed in lower courts for many years.”

Gene Quinn

June 9, 2014