Are U.S. Courts Going Global on Voda v. Cordis?

Originally published in IPL Newsletter, Spring 2006

Are U.S. courts going global with the enforcement of foreign patent rights? "Not likely." At best, the Federal Circuit may clarify the law of supplemental jurisdiction regarding foreign patents.

In Voda the Federal Circuit is asked to clarify to what extent U.S. courts have jurisdiction over foreign patents. In theory, as some assert, the jurisdiction of U.S. courts, as with the European cross-border injunctions, should be extended. In practice, this proposed extension of jurisdiction is at present unrealistic absent either the agreement of the parties beforehand or the assent of the alleged infringer.