Chapter 13 Outline

• Jurisdiction: United States

Chapter 13

Jurisdiction and Procedure

Introduction

§13.01 U.S. District Courts

[A] Subject Matter Jurisdiction over Patent Cases

[1] Statutory Basis: 28 U.S.C. §1338

[2] "Arising Under" Jurisdiction

[a] "Creation" Test

[b] "Serious Federal Interest" Test

[i] Christianson (U.S. 1988)

[ii] Gunn (U.S. 2013)

[iii] Post- Gunn Federal Circuit Decisions on "Substantial Question" of Patent Law

[B] Personal Jurisdiction

[1] Generally

[2] Specific Personal Jurisdiction

[a] Stream-of-Commerce Theory

[b] Sending Enforcement Letters

[i] Traditional rule: Red Wing (1998): No Personal Jurisdiction from Solely Informing Party in the Forum of Suspected Infringement

[ii] Trimble (2021): More Extensive Communications Will Give Rise to Personal Jurisdiction

[C] Venue

[1] Patent-Specific Statute: 28 U.S.C. §1400(b)

[2] Fourco Glass (U.S. 1957)

[3] V.E. Holding (Fed. Cir. 1990) Greatly Expands Patent Venue

[4] TC Heartland (U.S. 2017) Drastically Narrows Patent Venue

[5] Suing Where Accused Infringer Has "Committed Acts of Infringement" and Has a "Regular and Established Place of Business"

[a] In re Cordis (Fed. Cir. 1985)

[b] Representative Post-TC Heartland (U.S. 2017) District Court Decisions

[c] Post- TC Heartland (U.S. 2017) Federal Circuit Decisions

[i] Cray (2017)

[ii] ZTE (2018)

[d] Waiver or Forfeiture of Improper Venue Defense

[6] Venue for Infringement Actions Against Foreign

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