A Yetter Coleman-led appeal that could have major implications for personal jurisdiction is featured in a Law360 story, highlighting the possibility of review by the U.S. Supreme Court.
The firm represents defendant Lighting Defense Group, which has urged the high court to rule on a longstanding split among courts over whether defendants must have direct contact with a forum for a court to have jurisdiction.
The case involves Amazon’s Patent Evaluation Express procedure, which lets patent owners identify and remove infringing products from Amazon’s website. After Lighting Defense used the tool, it alleged Utah-based electric outlet cover maker SnapRays LLC (doing business as SnapPower) infringed its electrical faceplate patent. That triggered a Utah lawsuit from SnapRays, which was dismissed and then reinstated on appeal. Yetter Coleman’s client argues it does not have enough contact with the state for the court to have jurisdiction.
Discussing the case with Law360, partner Jeffrey Andrews said the outcome will be consequential for patentees trying to prevent infringing products from being sold through online retailers.
“Unfortunately, the federal circuit has ignored the Supreme Court in overturning the district court’s thorough and correct analysis,” Andrews said. “In doing so, the federal circuit has deepened an irreconcilable circuit split and created a federal-state split between federal and Utah courts.”
Andrews is handling the litigation with partner Grant Martinez, senior counsel Christopher Johnson and associate David Gutierrez.
Read the full Law360 story here (subscription required): https://bit.ly/48PtYPu