Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[T-Boots]

Hello Boys and Girls,
Here's my simple question:
An inventor has been issued a US Patent and is manufacturing his invention. Let's say he lives and manufactures in Federal Distract 15, and he becomes aware of a manufacture infringing on his patent, that lives and manfactures in Federal Distract 21.
What Distract would have jurisdiction ?
Thanks for your help in advance.........
Scottie.......
PS: I know there's not a distract 15 or 21

[JimIvey]

Both have jurisdiction.  The plaintiff gets to choose.  The plaintiff is the inventor if the inventor sues first.  If the inventor overtly threatens suit, the manufacturer can sue for declaratory judgment of non-infringement and/or invalidity.  In this latter case, the manufacturer is the plaintiff and gets to choose which disctrict hears the case.

Initially, the ball is in the inventor's court, and he/she can control the venue by being careful to not overtly threaten suit.  He/she can hint around at licensing negotiations, but the wording must be careful.

Caveat:  I don't litigate, so this is based on my recollection of my old civil procedure class of 15 years ago.  Be gentle if I got it wrong.

Regards.

[M. Arthur Auslander]

My off the cuff understanding of the law is that the infringer must be sued in the jurisdiction that the infringement is in or where jusriscition can be had over the infringer.

[Jack]

There are two issues here - one is jurisdiction and one is venue.  The general law is that jurisdiction is proper in the district in which the defendant resides and/or is doing business or the district in which the infringing activity occurs.

If the manufacturer in district 21 is selling goods throughout the country then jurisidiction would pretty much be proper in any district. Note however that venue would be another, separate issue. If his activities are limited solely to district 21 then jurisdiction would only be proper in that district.