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ARTICLE · 20 NOVEMBER 2019

The Personal Jurisdiction Burden

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Patent owners are often faced with the pre-lawsuit decision of whom to sue for patent infringement.

United StatesIntellectual Property
Oblon, McClelland, Maier & Neustadt, L.L.P
Oblon, McClelland, Maier & Neustadt, L.L.P
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Robert Mattson wrote an article for Intellectual Property Magazine entitled "The Personal Jurisdiction Burden," which is featured in their November issue.

Patent owners are often faced with the pre-lawsuit decision of whom to sue for patent infringement. Even if one or more potential defendants sell an infringing product in the US, the product itself might be manufactured outside the country by a company with no US presence. A foreign manufacturer may be the most desirable target because the foreign manufacturer is a better source of discovery for liability or damages issues, or because a lawsuit against the foreign manufacturer permits a patent owner to obtain relief without having to sue a potential customer. But how can a patent owner force a foreign manufacturer with no US presence into a US district court?

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