Section 3 Overview

• Library: Intellectual Prop 2004

In addition to subject matter jurisdiction, the court in which an intellectual property case is pending must have personal jurisdiction over the defendant. Unlike subject matter jurisdiction, personal jurisdiction may be waived. See, e.g., Fed. R. Civ. P. 12(h)(1), which provides that failure to raise a defense of lack of personal jurisdiction or improper venue constitutes a waiver. Rule 55.27(g) is to the same effect.

The plaintiff bears the burden of proving that the court possesses personal jurisdiction over the opposing party. Burlington Indus., Inc. v. Maples Indus., Inc., 97 F.3d 1100, 1102 (8^th Cir. 1996). To survive a motion to dismiss for lack of personal...