Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 15 OCTOBER 2024

Patent Owners Beware: Expanded Jurisdiction Risks In Using Third-Party Platforms To Remove Infringing Listings

Dickinson Wright PLLC
Dickinson Wright PLLC
Contributor
Dickinson Wright PLLC

Dickinson Wright PLLC

Dickinson Wright is a full-service law firm with more than 550 lawyers, serving clients across the...

View firm profile
Explore more from Dickinson Wright PLLC

In May 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pivotal decision in Snaprays (SnapPower) v. Light Defense Group (LDG) that reshaped how patent owners enforce their rights using third.

United StatesIntellectual Property
Andrea L. Arndt
Andrea L. Arndt
Author LinkedIn connections

In May 2024, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a pivotal decision in Snaprays (SnapPower) v. Light Defense Group (LDG) that reshaped how patent owners enforce their rights using third-party platforms like Amazon. The ruling reversed a district court's dismissal of a declaratory judgment suit, finding that a patent owner's use of Amazon's Patent Evaluation Express (APEX) program exposed the patent owner to personal jurisdiction in an unexpected state.

Amazon's APEX program offers an expedited process for resolving claims that third-party listings on its marketplace infringe on utility patents, allowing patent holders to remove infringing products quickly. However, the CAFC's decision significantly expands the scope of personal jurisdiction, holding that by participating in APEX or similar programs, patent owners may inadvertently subject themselves to lawsuits in states where they would otherwise lack minimum legal contacts. This

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

UMG v. DistroKid: When AI Becomes A Consumer Protection Issue

Universal Music Group's lawsuit against DistroKid raises a critical question about AI disclosure in consumer markets: when does the use of artificial intelligence become material information that must be disclosed to consumers? The case centers on allegations that DistroKid distributed mass-generated AI music while creating the impression it was created by legitimate human artists, potentially violating existing consumer protection laws even without specific AI disclosure requirements.
United StatesIntellectual Property
Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
Article

PTAB/USPTO Update - October 2026

The USPTO has released new templates and guidance for AIA trial proceedings, announced key appointments including a Chief AI Officer, and published updated procedures for patent applications and subject matter eligibility declarations. Director Squires delivered multiple addresses emphasizing the constitutional importance of intellectual property rights while the agency expanded its community engagement efforts and international collaboration through WIPO's Global IP Assignment Platform pilot program.
United StatesIntellectual Property
WilmerHale
WilmerHale
Article

The Trademark Scam Field Guide: Look-Alike Filing Sites, Fake USPTO Notices, And How To Get Out If You’ve Been Caught

A business decides to file a trademark. Someone on the team searches for a familiar online legal-services brand, clicks the first result, and lands on a site with a similar-sounding name, a polished design, five-star reviews, and a low flat fee. The application gets filed. Months later the business learns the “service” was not who they thought it was, the filing was signed by someone with no authority to sign it, and the USPTO has suspended the application along with hundreds or thousands of others from the same shop.
United StatesIntellectual Property
Harness IP
Harness IP
Article

Is This Real? Navigating AI Impersonation Under New And Existing Laws

Is this AI-generated, or is it real? As generative AI tools have become increasingly capable of creating realistic images, videos, and audio, they have also made it easier to impersonate real people without their consent. In response, states are increasingly adopting laws that impose civil and criminal liability for certain AI-generated content that replicates an individual’s identity, likeness, voice, or other personal attributes.
United StatesIntellectual Property
Wiley Rein
Wiley Rein
Article

The FCC Reaches Deeper Into The Grid – And The Warehouse

The Federal Communications Commission has added foreign-produced power inverters and advanced robotic devices to its Covered List under national security determinations, immediately barring new equipment authorizations and creating compliance deadlines for manufacturers. Companies must now evaluate whether their products qualify as domestic end products under Federal Acquisition Regulation standards or pursue conditional approval pathways by January 1, 2028.
United StatesGovernment, Public Sector
Dickinson Wright PLLC
Dickinson Wright PLLC
Article

The State Of AI Regulation In Healthcare: Still Complicated

As artificial intelligence tools become embedded in clinical care, diagnostics, and health insurance operations, healthcare organizations must navigate an evolving patchwork of federal oversight and state-specific AI regulations. With 21 states having enacted 33 healthcare-AI laws by the end of 2025 and 177 pending bills across 31 states in 2026, the regulatory landscape remains fragmented while federal agencies work to establish comprehensive standards. Understanding these overlapping requirements is criti
United StatesFood, Drugs, Healthcare, Life Sciences
Dickinson Wright PLLC
Dickinson Wright PLLC