Synthes v. G.M. Dos Reis Jr. Ind. Com. De Equip. Medico
Court of Appeals for the Federal Circuit
decided on 2009-04-17 00:00:00
panel: Schall, Friedman, Bryson,
Overview
In Synthes v. G.M. Reis (08-1279), the Court of Appeals for the Federal Circuit reversed a district court's dismissal of a patent infringement claim for lack of personal jurisdiction. G.M. Reis, a Brazillian company, had sent employees to a trade show in the United States with a small number of allegedly infringing devices for display at the event. The defendant had no other contacts with the forum state or nation that related specifically to the asserted patent. While agreeing with the district court that general jurisdiction was lacking, the Federal Circuit concluded that specific jurisdiction existed because 1) Reis had purposefully directed its activities "at parties in the United States" by carrying a few allegedly infringing devices into the United States (in a suitcase) and displaying the devices at the trade show; 2) the infringement claim arose directly out of the "importation" and displaying activities; and 3) the assertion of personal jurisdiction is reasonable and fair despite the travel burden that would be imposed on the defendant and the apparent minimal amount of monetary damages involved. The interest of the United States in "enforcing the federal patent laws" and in "discouraging injuries that occur within its boundaries" weighed heavily in the court's analysis under the "reasonable and fair" prong.
Keywords
jurisdiction - Foreign company that sent employees to a trade show in the United States with allegedly infringing devices was subject to personal jurisdiction via the long arm statute for a claim of patent infringement despite the travel burden, extensive efforts by the alleged infringer to discourage sales to residents of the United States, and an unknown extent of damages suffered as a result of the allegedly infringing activities.
Detailed review
No detailed review written.
