Friday, March 27, 2015

Use of Trade Show to Identify Potential Infringers Justifies Exercise of Personal Jurisdiction Over Patentee

Following jurisdictional discovery, the court denied defendant's motion to dismiss plaintiff's declaratory relief action for lack of personal jurisdiction. "[Defendant's] receipt of service of the amended complaint while he was attending the SHOT Show in Las Vegas establishes personal jurisdiction. [Defendant] was physically present in Nevada and he was personally served. Due process in this case requires nothing more. . . . [E]ven if [defendant] had not been personally served with the amended complaint in Las Vegas, the record developed through discovery supports a finding of personal jurisdiction here. . . . [Defendant] routinely used the SHOT Show as a venue to identify potential infringers and that he, through counsel, made efforts to discourage potential infringers from displaying their products at the SHOT Show by sending cease-and-desist letters only days before the event. . . . In such a situation, it should come as little surprise to the patentee that he is required to defend himself against a declaratory judgment action for noninfringement in the forum he repeatedly utilized to identify products potentially infringing his patent."

Bravo Company USA, Inc. v. Badger Ordnance LLC et al, 2-14-cv-00387 (NVD March 25, 2015, Order) (Jones, J.)

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