News & Analysis as of

Stream of Commerce

So What’s the Big Deal About Toner Cartridges? And How in the World Can They Impact Future Business?

by Williams Venker & Sanders on

The recently argued US Supreme Court case, Impression Products v. Lexmark International, has “potentially momentous importance for modern commerce,” per the respected SCOTUSblog ....more

Supreme Court to Consider Patent Exhaustion for International Sales

by Snell & Wilmer on

Last Friday, the U.S. Supreme Court granted certiorari in the patent exhaustion case, Impression Products, Inc. v. Lexmark International, Inc., Docket No. 15-1189.  The Supreme Court’s decision in this case could...more

Scotus Grants Cert To Review Lexmark V. Impression

by Ladas & Parry LLP on

On December 2, 2016, the United States Supreme Court granted certiorari to review the en banc decision of the Federal Circuit Court of Appeals in Lexmark v. Impression. The Federal Circuit held that, unlike the situation...more

Magistrate Recommends Permitting Jurisdictional Discovery And Denying Motion To Dismiss Without Prejudice

by Morris James LLP on

Fallon, M. J. Report and recommendation recommending that defendant’s motion to dismiss for lack of personal jurisdiction be dismissed without prejudice and jurisdictional discovery be allowed. The accused products are...more

Party’s Products Must Be Found in the Forum State to Confer Jurisdiction - Celgard, LLC v. SK Innovation Co., Ltd.

by McDermott Will & Emery on

In the most recent decision addressing the “purposeful-direction” and “stream-of-commerce” theories used to establish personal jurisdiction over a foreign defendant, the U.S. Court of Appeals for the Federal Circuit upheld...more

Florida Defective Product Lawsuits: Who can be liable and how to prove it

Manufactures and sellers have a responsibility to put reasonably safe products in the stream of commerce. When someone is injured by a defective product, both the manufacturer and the seller of the product can be liable for...more

Defendants’ Potential Liability Is Not Limited To 2% Of Accused Products Shipped To Delaware

by Morris James LLP on

Plaintiff asserts jurisdiction under the stream-of-commerce theory. Defendants shipped approximately 2% of the accused products from their Indiana manufacturing facility to two customer distribution facilities in Delaware. ...more

Contaminated Oysters in Virginia Restaurant Enough for Jurisdiction Under "Stream of Commerce" Test

Contaminated oysters served at a Roanoke restaurant were placed in the "stream of commerce" by a Connecticut seafood supplier, and thus served as the basis for the Western District of Virginia to exercise personal...more

2nd Circuit Decision in Lotes Clarifies FTAIA’s Effect on the Extraterritorial Reach of the Sherman Act, But Leaves Unresolved the...

Long-simmering issues concerning the applicability of the Sherman Act to foreign conduct under the Foreign Trade Antitrust Improvements Act, 15 U.S.C. § 6a (FTAIA), were addressed in the June 4, 2014 decision of the 2nd U.S....more

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