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ARTICLE · 12 DECEMBER 2018

Federal Circuit Patent Update - December 2018

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Dyk, J. Manufacturer lacked personal jurisdiction over patentee to sustain declaratory judgment in Tennessee.

United StatesIntellectual Property
Arthur Coviello
Arthur Coviello
Richard Goldenberg
Richard Goldenberg
William McElwain
William McElwain
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Precedential Federal Circuit Opinions

MAXCHIEF INVESTMENTS LIMITED v. WOK & PAN, IND., INC. [OPINION - PRECEDENTIAL]  (Dyke, Reyna and Hughes)

Dyk, J. Manufacturer lacked personal jurisdiction over patentee to sustain declaratory judgment in Tennessee. Fact that patentee sought an injunction in a separate California action which might have effect on behavior of non-party Tennessee distributor was too attenuated to satisfy minimum contacts. Personal jurisdiction was also lacking over tortious interference claim. Sending a letter to an entity in the forum state might be sufficient to create personal jurisdiction over a tortious interference claim. However, here, the receiving entity was not located in Tennessee even if its lawyer was.

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