By David Wille
Overall, IP cases present many interesting jurisdictional issues, many of which have not been resolved. The variety of jurisdictional theories potentially applicable to IP cases gives plaintiffs several jurisdictional options in many factual scenarios. One factor transcends all of the theories, however--the need for evidence. A plaintiff faced with a motion to dismiss for lack of personal jurisdiction needs to move for and take discovery on the jurisdictional issues in the case. Such discovery will raise costs and delay consideration of the merits of the case. In the absence of such discovery, however, the plaintiff may find one or more defendants dismissed from the case.
