Know Thy Pleading: Twiqbal and inconsistent allegations
On November 8, 2010, U.S. District Judge James C. Cacheris handed down a memorandum opinion that may send some chills down the spines of plaintiffs’ lawyers.
Continue Reading...Federal Circuit Allows Service on Russian Corporation Through an American Affiliate
As American companies face increased competition from foreign entities, service on foreign defendants can be a critical issue for intellectual property litigants.
The Federal Circuit recently took a broad view of both service and personal jurisdiction in a patent infringement case in Nuance Comm’s, Inc. v. Abbyy Software House, et al., 2010 U.S. App. LEXIS 23419 (Fed. Cir. Nov. 12, 2010). In Nuance, the Court reversed the District Court’s dismissal of a Russian corporation for lack of jurisdiction and insufficient service of process.
The Court’s ruling on jurisdiction is not surprising, as the Russian defendant had imported the accused software to its American affiliate in California, and the decision is consistent with Federal Circuit authority applying the “stream of commerce” test for jurisdiction (as we discuss here). By allowing substituted service on the Russian company through its American affiliate under Rule 4(f)(3), however, the decision opens up a flexible and relatively simple avenue for parties to serve foreign defendants through their U.S. agents where Hague Convention service is impossible or merely time consuming.
Continue Reading...November ABA Roundtable (Tuesday, November 16th)
You are invited to join us for the November ABA Roundtable.
Free lunch provided.
At Troutman Sanders, we host a series of American Bar Association roundtable luncheons concerning intellectual property law. These roundtables are designed to stimulate discussions of current intellectual property law issues. Our November topic is titled, “Implications of Recent Court Decisions on the Application of the ‘Entire Market Value Rule’ to Patent Damages Analysis”.
The Entire Market Value Rule (EMVR) has become a hot topic in recent patent case decisions authored by the U.S. Court of Appeals for the Federal Circuit and certain of its judges sitting by designation in the district courts. This roundtable will discuss the EMVR in cases such as Cornell v. HP, Lucent v. Gateway, and IPI v. Red Hat and explore issues surrounding the direction the courts may be heading in future cases.
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