Spotlight On Upcoming Oral Arguments – June 2019

Genetic Veterinary Sciences v. LABOKlin GmbH & Co, KG, No. 18-2056, Courtroom 203

LABOKlin appeals from an Eastern District of Virginia decision granting Genetic Veterinary Sciences’ (GVS) motion for judgment as a matter of law (JMOL). After receiving a cease and desist letter from LABOKlin, GVS brought a declaratory judgment action seeking an order declaring the claims of U.S. Patent No. 9,157,114 invalid under 35 U.S.C. § 101. The cease and desist letter mentioned the ’114 patent, but alleged that GVS was infringing LABOKlin’s European patent rights.    

On appeal, LABOKlin contends that the district court improperly exercised jurisdiction under Federal Rule of Civil Procedure (4)(k)(2). Specifically, LABOKlin claims that the district court erred in finding that sending a cease and desist letter and the existence of U.S. sublicensees are sufficient to establish the necessary minimum contacts. GVS argues that LABOKlin’s cease and desist letter coupled with its