Patent Owners Cannot Be Forced to Litigate in a Forum Merely for Sending a Cease and Desist Letter and Attempting to Commercialize Their Products in that Forum

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Recently, patent owners have become increasingly wary of sending cease and desist letters for fear of being preemptively sued by potential infringers due to recent court decisions lowering the bar for bringing such cases. In addition to concerns over being rushed into court, patent owners also frequently fear the prospect of being forced to litigate in an inconvenient or unfavorable forum.

Certain protections do exist, however, against dragging patent owners into any court of another party's choosing. Specifically, courts are required to have "personal jurisdiction" over a party. Typically, this requires that the patent owner have either substantial general contacts with the forum or specific contacts related to the matter at issue in the lawsuit.

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