Personal Jurisdiction and Patent Cease-and-Desist Letters – Is Federal Circuit Jurisprudence More Restrictive Than Due Process Requires?

Intellectual Property Today
January 2011

Brian Klock and Sean Walsh’s article, “Personal Jurisdiction and Patent Cease-and-Desist Letters – Is Federal Circuit Jurisprudence More Restrictive Than Due Process Requires?” appeared in the January 2011 issue of Intellectual Property Today. It can be argued that the Federal Circuit’s framework for analyzing personal jurisdiction in the situation where an out-of-state patentee sends a cease-and-desist letter to a forum resident imposes limitations that are not required by the Supreme Court’s framework for analyzing personal jurisdiction issues. The authors explore the differences between the two frameworks and the origin of those differences.

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