Contacts with a Forum State that Occurred Prior to the Issuance of a Patent are Not Sufficient to Confer Personal Jurisdiction for a Patent Infringement Case

NEXLEARN, LLC, v. ALLEN INTERACTIONS, INC.: June 19, 2017.  Before Moore, Schall, and Hughes   Takeaway: A defendant’s contacts with a forum state that occurred prior to the issuance of a patent are not sufficient to confer specific personal jurisdiction for a patent infringement case after the patent issues. Absent any …

Federal Circuit Dismisses Appeal upon Finding it is Precluded from Reviewing District Court’s Decision to Remand for Lack of Subject Matter Jurisdiction

PRESTON V. NAGEL: Jun. 1, 2017. Before Dyk, Taranto, and Hughes. Takeaways: The CAFC is barred under 28 U.S.C. § 1447(d) from reviewing the district court’s decision to remand because the remand was based on a lack of subject matter jurisdiction. The CAFC found that while hearing state-law and patent-law …

The District Court Properly Exercised Subject Matter Jurisdiction and Granted Summary Judgment Notwithstanding the Plaintiff’s Execution of a Covenant not to Sue that Appeared to be Unconditional

ARCELORMITTAL V. AK STEEL CORP.:  May 16, 2017. Before Hughes (majority), Wallach (dissent), and Moore.   Takeaway: CAFC affirmed the district court’s ruling that it had the subject matter jurisdiction necessary to deny plaintiff’s motion to dismiss and grant summary judgment of invalidity. CAFC found that a facially unconditional covenant not …

“Clear and Indisputable” Right to Relief Required for Writ of Mandamus

Authored by Rose Cordero Prey, Michael Block, Jean Dassie, and Vaibhav Sharma IN RE: READREN: Nov. 17, 2016. Before Moore, Hughes, and Stoll. The Takeaway: Mandamus carries a very high standard of showing “clear and indisputable” right to relief with the unavailability of other legal channels to obtain the same …

Federal Circuit Lacks Appellate Jurisdiction over Board’s Determination of Whether Assignor Estoppel Prohibits IPR Institution

Authored by Rose Cordero Prey, Jonathan Thomas, and William Uhr HUSKY INJECTION MOLDING SYSTEMS LTD. V. ATHENA AUTOMATION LTD., Nos. 2015-1726, 2016-1727 (Fed. Cir. Sep. 23, 2016) (precedential).  On appeal from the PTAB. Before Lourie, Plager, and Stoll. Procedural Posture: Patentee appealed from a decision of the Board in an …