A Blog About Intellectual Property Litigation and the District of Delaware


Entries for tag: Personal Jurisdiction

Pick Your Favorite State

Nathan R. Hoeschen, Aug. 12, 2025
Personal Jurisdiction Forum Shopping

Everyone has a favorite state. Maybe it's where you grew up. Maybe it's where you went on vacation as a child. Maybe it's just the first state?

AI-Generated, displayed with permission

Not everyone is so fortunate to live in their favorite state -- but if you play your cards right, you can apparently choose to be sued there.

The issue came up last week in Guangzhou Lightsource Elecs. Ltd. v. Pine Locks, C.A. No. 24-543-JCB, D.I. 30 (D. Del. Aug 5, 2025). Pine Locks (incorporated on the Isle of Mad) had allegedly filed a complaint with Amazon requesting that some of Gaungzhou's (a Chinese company) products be taken down because they infringed Pine Locks' patents. Guangzhou then …

View

Every Body Wants A Piece

Nathan R. Hoeschen, Jan. 25, 2024
Personal Jurisdiction

There are many things to love about Delaware. There's the majestic beauty of the Brandywine. The excitement of tax-free shopping. The award-winning mollusk collection at the natural history museum. The easy train access to other cities with more than 6 restaurants. It is truly a special place.

Living the dream, baby
Living the dream, baby AI-Generated, displayed with permission

All this is to say that, if I was to sue someone, I'd want to do it in Delaware. Sadly, that's not always possible.

Such is the lesson of ACCO Brands USA LLC v. Performance Designed Products LLC, C.A. No 23-437-GBW, D.I. 18 (D. Del. Jan. 17, 2024). ACCO was a downhome Delaware company (*cough* headquartered in Illinois *cough* …

View

A Perilous Route to Personal Jurisdiction

Nathan R. Hoeschen, Dec. 27, 2022
Personal Jurisdiction

As a lawyer, I am used to reaching into my stocking on Christmas eve to find yet another lump of sumptuous coal. Hard and black as my own cynical heart, it is but fuel for engine of my enemies' destruction.

Season's Greetings!
Season's Greetings! AI-Generated, displayed with permission

This year, however, I was presently surprised to return to the office after spending the entire holiday sick in bed to find a new opinion to discuss on the blog. Everyone wins today.

IBM Corp. v. Rakuten, Inc., C.A. No. 21-461 (D. Del. Dec. 22, 2022) presents an interesting issue of personal Jurisdiction I hadn't seen before. The plaintiff, IBM, sued Rakuten a Japanese corporation (and seller of cool Japanese goods) along with its U.S. subsidiary Ebates. After suit was filed, Rakuten transferred several patents in its portfolio to Ebates, who then asserted them against IBM as permissive counterclaims. All the while, Rakuten maintained that the Court lacked personal Jurisdiction (Ebates conceded jurisdiction).

Judge Williams, however, found the maneuver of shuffling the patents off to Ebates sufficient to confer ...

View

Archive