News & Analysis as of

Foreign Defendants

Latham & Watkins LLP

Case Update: Hong Kong Regulator’s Right to Enforce Against Foreign Defendants

Latham & Watkins LLP on

Hong Kong’s highest court confirms that its financial markets regulator may serve proceedings on foreign defendants for restoration orders as of right. The Hong Kong Court of Final Appeal (CFA) held in a recent judgment...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Court Issues a Decision Extending Time for Service and Permitting Alternative Service Methods to Foreign...

On July 17, 2023, Justice Reed of the New York County Commercial Division issued a decision extending the time for service and permitting the Plaintiff in Zantaz Enter. Archive Solution, LLC v. Adecco IT Servs., Inc., Index...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Upholds Civil RICO Lawsuit for a Foreign Defendant’s Acts in the United States to Evade Enforcement of a Foreign Arbitral...

The Supreme Court held that a defendant’s acts to prevent a foreign plaintiff from collecting on an overseas arbitration award in the U.S. may give rise to a civil RICO claim. The Court held that whether there is a U.S....more

Morrison & Foerster LLP

U.S. Supreme Court Holds Federal Courts Have Subject-Matter Jurisdiction over Criminal Prosecutions Against Foreign Sovereign...

The United States Supreme Court has rejected arguments made by Turkiye Halk Bankasi A.S. (“Halkbank”) that, as a majority state-owned bank and thus an agency or instrumentality of the Republic of Türkiye, it enjoys immunity...more

Mintz - Intellectual Property Viewpoints

Federal Circuit Resolves District Court Split, Holds Foreign Defendant Cannot Defeat Rule 4(k)(2) Personal Jurisdiction by...

On January 9, 2023, the U.S. Court of Appeals for the Federal Circuit in In re Stingray IP Solutions, LLC, No. 23-102 granted a writ of mandamus, vacating a decision of the Eastern District Court of Texas which had...more

Knobbe Martens

The Choice Is Not Yours: Foreign Defendants Cannot Avoid Personal Jurisdiction by Post-suit, Unilateral Forum Designation

Knobbe Martens on

IN RE: STINGRAY IP SOLUTIONS, LLC - Before Lourie, Taranto, and Stark.  Appeal from the United States District Court for the Eastern District of Texas. Summary: A defendant’s post-suit, unilateral consent to suit in...more

Fitch, Even, Tabin & Flannery LLP

Federal Circuit Shrinks Venue Loophole for Foreign Defendants

On January 9, in In re: Stingray IP Solutions, LLC, the Federal Circuit vacated a transfer order issued by the Eastern District of Texas, thereby limiting a foreign defendant’s ability to negate venue in one court simply by...more

McAfee & Taft

Court clears new way for trademark owners to serve foreign infringers

McAfee & Taft on

Stopping overseas trademark infringement is often a challenge due to the time, expense, and difficulty with serving foreign companies with U.S. litigation. A recent decision by the Ninth Circuit Court of Appeals may have made...more

McDermott Will & Emery

Court Uncorks New Way to Serve Trademark Complaints

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit concluded that Section 1051(e) of the Lanham Act permits a plaintiff in a district court case to serve a complaint against a foreign defendant via the Director of the US Patent &...more

Conyers

Hague Service, or Substituted Service, of Cayman Islands Court Proceedings: Not Just a Technical Game

Conyers on

The Cayman Islands, as a British Overseas Territory, is a party, through the United Kingdom, to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (‘the Hague...more

Weintraub Tobin

Copyright Infringement and Personal Jurisdiction Over Foreign Defendants

Weintraub Tobin on

In Lang Van, Inc. v. VNG Corporation (decided July 21, 2022), the Ninth Circuit addressed the issue of how to evaluate whether a U.S. District Court can exercise personal jurisdiction over a foreign defendant with regard to a...more

TransPerfect Legal

You’ve Been Served: The Hague Service Convention Explained

TransPerfect Legal on

For those readers who are not familiar with the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (the “Hague Service Convention”), it was established to facilitate...more

McDermott Will & Emery

Purposeful Direction in a Forum Activates the Long Arm of the Law

McDermott Will & Emery on

The US Court of Appeals for the Ninth Circuit again vacated the US District Court for the Central District of California’s dismissal of a case for lack of personal jurisdiction, applying Fed. R. Civ. Proc. 4(k)(2) and...more

Cozen O'Connor

Federal Circuit Signals Patentees Entitled to Jurisdictional Discovery Before Ruling on Motion to Dismiss

Cozen O'Connor on

On Monday, June 13, 2022, the Federal Circuit issued an opinion in Univ. of Mass. v. L’Oréal S.A. that signals a new trend in allowing a patentee the benefit of jurisdictional discovery prior to ruling on a foreign...more

Bennett Jones LLP

Dismissal for Delay under Ontario’s Class Proceedings Act, 1992: Lamarche v Pacific Telescope Corp

Bennett Jones LLP on

In January 2022, Justice Belobaba (one of four judges on the Toronto Class Actions List) dismissed an action for delay under section 29.1 of Ontario’s Class Proceedings Act, 1992. Justice Belobaba’s decision in Bourque v...more

Procopio, Cory, Hargreaves & Savitch LLP

Powerful Remedies Against Trade Secret Misappropriation Abroad Appear Here to Stay

It has now been two years since a U.S. district court issued a ruling providing an additional avenue for U.S. trade secrets owners to take legal action against alleged misappropriation abroad. The decision in the Northern...more

Littler

To Quash or Not to Quash: Necessity of Formal Service of Process on Foreign Defendants through the Hague Convention

Littler on

Foreign defendants located in countries that are signatories to the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (“Hague Convention”) must be served pursuant to the Hague Convention. The...more

Haug Partners LLP

When Sending a Cease and Desist Letter Establishes Personal Jurisdiction

Haug Partners LLP on

A patentee may establish “minimum contacts” in a forum, thus subjecting itself to specific personal jurisdiction, by sending a cease and desist letter to the forum. Precedent concerning this issue has been evolving....more

BakerHostetler

Federal Circuit Hints at Easier Service of Process on Foreign Defendants

BakerHostetler on

In a recent decision, In re: OnePlus Technology (Shenzhen) Co., Ltd., Case. No. 21-165, Dkt. 20, the Federal Circuit denied China-based smartphone maker OnePlus’ petition for mandamus seeking to direct a Western District of...more

Weintraub Tobin

Federal Circuit Allows Easier Foreign Corporation Service Requirements

Weintraub Tobin on

In In re: OnePlus Technology (Shenzhen) Co. Ltd., case number 2021-165, the U.S. Court of Appeals for the Federal Circuit validated a possible framework for courts and plaintiffs in patent cases to significantly speed up the...more

Farrell Fritz, P.C.

Work Performed in the Forum State May Be Insufficient to Establish Personal Jurisdiction Over Out-Of-State Defendants

Farrell Fritz, P.C. on

Recently, Justice James Hudson issued a decision testing the limits of New York’s Long Arm Statute. The Court was tasked with determining whether personal jurisdiction exists over an out-of-state defendant, based on a claim...more

Morris James LLP

Chancery Rejects Conspiracy Jurisdiction Over Foreign Defendant

Morris James LLP on

Lacey v. Mota-Velasco, C.A. No. 2019-312-SG (Del. Ch. Oct. 6, 2020) - Under Istituto Bancario, a foreign defendant alleged to be part of a conspiracy may be subject to personal jurisdiction in Delaware, but only if the...more

Rothwell, Figg, Ernst & Manbeck, P.C.

Venue Considerations for Hatch-Waxman and BPCIA Litigation

In Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc., No. 2019-2402 (Fed. Cir. Nov. 5, 2020), the Federal Circuit clarified the venue analysis of 28 U.S.C. § 1400(b), which controls venue for patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. (Fed. Cir. 2020)

Somewhat remarkably, there is no settled Federal Circuit precedent regarding where a patentee can bring suit against a generic competitor in Hatch-Waxman litigation under 35 U.S.C. § 271(e)(2).  While recognizing that this...more

Foley & Lardner LLP

Federal Circuit Limits Venue In ANDA Litigation

Foley & Lardner LLP on

In Valeant Pharmaceuticals North America LLC v. Mylan Pharmaceuticals Inc. the Federal Circuit decided that, for the purpose of establishing venue in ANDA litigation, the place “where an act of infringement has occurred”...more

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JD Supra Privacy Policy

Updated: Dec 28, 2021:

JD Supra is a legal publishing service that connects experts and their content with broader audiences of professionals, journalists and associations.

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Information for EU and Swiss Residents

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Privacy Officer
JD Supra, LLC
150 Harbor Drive, #2760
Sausalito, CA 94965

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Changes in Our Privacy Policy

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Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

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