The World in U.S. Courts:
Winter 2019

Decisions Discussed in This Issue | March.11.2019

Please click on the area of law you are interested in (for example, “Intellectual Property – Trademark,” and you will be brought to all of the case summaries relating to it. Also, clicking on the name of a linked statute will take you to a statutes summary page. Copies of any case discussed in this issue are available upon request.

Please note that Orrick may be representing parties in the cases discussed below. Nothing in the informal summaries contained in this publication should be taken as commenting on the merits of cases, or as binding constructions of court opinions that are discussed.

Alien Tort Statute (ATS)

ATS Applies to Alleged Child Slavery in the Ivory Coast Supported by Decisions Made in the US

Antitrust/Competition/Foreign Trade Antitrust Improvements Act (FTAIA)

FTAIA Satisfied by Alleged Collusive Manipulation in Australia of a Global Pricing Benchmark Used in Pricing Derivatives Where “Substantial Quantities” of Affected Derivatives Transactions Occurred in the US

Foreign Corrupt Practices Act (FCPA)

Conspiracy and Aiding-and-Abetting Charges Cannot Expand Territorial Reach of the FCPA to a Non-US Defendant Who Otherwise Would Not Be Liable for His Ex-US Conduct

Intellectual Property – Patents

Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market, Even Though all US Distribution was Orchestrated Independently by its US Sub

Personal Jurisdiction Established Over Spanish Drug Maker Because of its Own Direct Participation in Allegedly Infringing Activities of its US Sub, and on Theory That the Sub Acted as Parent’s Agent in its Commercial Efforts

Patent Infringement Suit in Texas Against California Defendants Cannot Support Personal Jurisdiction in California for Action Seeking Declaration of Non-Infringement

Personal Jurisdiction Over French Parent Company Does Not Exist in Patent Infringement Case Because Manufacturing and Marketing Decisions Were Made by Parent’s Large US Sub

Intellectual Property – Trademark

Personal Jurisdiction to Support Preliminary Injunction Against Dubai- and Belarus-Based Defendants in Trademark Infringement Suit Based on Three Purchases of Cryptocurrency in New York

Alleged Trademark Infringement on Non-US Websites and Failure to Plead Effect on US Commerce Doom Lanham Act Claim

Lanham Act Claim Proceeds Based Solely on Use of Allegedly Infringing Trademark at Trade Fair in Germany Attended by Major US Buyers

German Company’s Use of a US Affiliate as its Distributor of an Allegedly Infringing Product Supports Assertion of Personal Jurisdiction

Racketeer Influenced and Corrupt Organizations Act (RICO)

US “Domestic” RICO Violation Alleged Where Scheme “Directed to or from the US”

Alleged Conspiracy Centered Outside the US to Increase Profits Globally Does Not State RICO Violation Even Where Certain Trades Were US Domestic

Securities Law/Commodities Exchange Act (CEA)

Personal Jurisdiction Over Japanese Parent Companies in Securities Case Found Based on “Co-Conspirator” Theory

CEA Applies to Australian Dollar-Denominated Derivatives Traded on US Exchange Where Alleged Australian Scheme to Defraud Contemplated that Profits would be Earned on US Transactions

Purchases of Derivative and Related Contracts on Non-US Exchanges Subject to US Securities Fraud Laws Because Defendants Allegedly Knew That Their Trades Would “Trigger” Corresponding Purchases in the US

Personal Jurisdiction/Forum Non Conveniens

Taiwanese Manufacturer of Smartphones Subject to Personal Jurisdiction in Texas in Patent Infringement Case Because of its Allegedly Purposeful Efforts to Serve the US Market Even Though all US Distribution was Orchestrated Independently by its US Sub

Personal Jurisdiction Over Japanese Parent Companies in Securities Case Found Based on “Co-Conspirator” Theory

Personal Jurisdiction to Support Preliminary Injunction Against Dubai- and Belarus-Based Defendants in Trademark Infringement Suit Based on Three Purchases of Cryptocurrency in New York

German Company Did Not Exercise Sufficient Control Over New York Company to Establish “Alter Ego” Basis for Personal Jurisdiction

Defendants’ Contacts with US Too Distinct from Subject of Alleged Conspiracy to Support Assertion of Personal Jurisdiction

Personal Jurisdiction Established Over Spanish Drug Maker Because of its Own Direct Participation in Allegedly Infringing Activities of its US Sub, and on Theory That the Sub Acted as Parent’s Agent in its Commercial Efforts

Personal Jurisdiction Exists Over Alleged Co-Conspirator Banks that Were on Panel That Set Singaporean Benchmark Rates Because Certain of Them Traded on the Benchmarks in the US

Patent Infringement Suit in Texas Against California Defendants Cannot Support Personal Jurisdiction in California for Action Seeking Declaration of Non-Infringement

Personal Jurisdiction Exists over Australian Company That Allegedly Sold Products in Forum for Use in Specific Sewer Project

German Company’s Use of a US Affiliate as its Distributor of an Allegedly Infringing Product Supports Assertion of Personal Jurisdiction

Personal Jurisdiction Over French Parent Company Does Not Exist in Patent Infringement Case Because Manufacturing and Marketing Decisions Were Made by Parent’s Large US Sub

Personal Jurisdiction Exists Over Non-US Buyers of Derivative and Related Contracts on Non-US Exchanges Because They Allegedly Knew That Their Trades Would “Trigger” Corresponding Purchases in the US

Specific Personal Jurisdiction over Israeli App Developer Found Where Residents Used Apps Within the State

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