Mailings Are Not “Offers For Sale” And Don’t Trigger Jurisdiction

2010-1158 Dustcap Products v. J&S Fabrication
D/MN 09-cv-1179
Judge Ann Montgomery
Patentee/plaintiff Dustcap appeals to the Federal Circuit from the order of Judge Ann Montgomery dismissing its action for lack of personal jurisdiction.  J&S is incorporated and located in Pennsylvania, the case brought in Minnesota.  The case involved 6,874,541, generally directed to a slip cover for protecting HVAC [...]

Suing In Texas Doesn’t Create Jurisdiction In California

2010-1107 Juniper Networks v. SSL Service
ND/CA 08-cv-5758
Judge Saundra Brown Armstrong
Juniper appeals the dismissal of its declaratory judgment complaint by Judge Saundra Brown Armstrong based on a lack of personal jurisdiction over SSL.

Abbyy’s Foreign Entities Dodge California Lawsuit

2010-1100 Nuance v. Abbyy Software
ND/CA 08-cv-02912
Judge Jeffrey White
Patentee Nuance appeals from the order and judgment dismissing defendants Abbyy Production (a Russian entity) and Abbyy Software (a Cypriot entity) for failure to properly serve and for lack of personal jurisdiction.  The case continues against other Abbyy entities.

Kimberly Clark IP Sub Not Subject To NY Jurisdiction

2008-1580 Arquest v. Kimberly-Clark WordwideSD/NY 07-cv-11202Judge Colleen McMahon
Arquest appeals from the order of Judge Colleen McMahon finding that Kimberly-Clark Wordwide (KCWW) is not subject to personal jurisdiction in New York, and dismissing Arquests’s DJ action.  KCWW is pursuing a later-filed infringement action again Arquest in the Northern District of Texas.  The case involves diapers and [...]

Trade Show Appearances Do Not Establish Personal Jurisdiction

2008-1279 Synthes (USA) V GM Dos ReisSD/CA 07-cv-309
Synthes appeals from Judge James Lorenz order dismissing the case for lack of personal jurisdiction.  Synthes sued GMReis, a Brazilian company, on 7,127,744, related to locking bone plates for surgical and skeletal fixation.  Synthes argued jurisdiction existed due to (1) various commercial contacts (apparently not related to the [...]

Oxford Gene (Again?) Avoids California Jurisdiction

2008-1217 Autogenomics v. Oxford Gene TechCD/CA 07-cv-846
Autogenomics appeals Judge Mariana Pfaelzer’s order dismissing its declaratory judgment action for lack of personal jurisdiction.  Oxford Gene Tech is a British company that owns 6,057,270 related to analyzing polynucleotide sequences.  OGT sent a cease and desist to Autogenomics and, after licensing discussions collapsed, Autogenomics filed a declaratory judgment [...]