The World in U.S. Courts:
Spring 2016

Decisions Discussed in This Issue

Please click the links below to read a summary of the decision described. 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)/Foreign Sovereign Immunity Act (FSIA)

District Court Dismisses ATS Claim Against Laotian Politicians Alleging Conduct having No Connection With U.S.

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

District Court Finds that Defenses Based on the FTAIA Do Not Require Individualized Inquiries that Would Defeat Class Certification


District Court Enforces U.K. Arbitration Award Against New York Assets of Chinese Bank where Assets Were Unrelated to the Subject Matter of the Award

Intellectual Property: Copyright

District Court Allows Discovery of Non-U.S. Sales of Video Games Based on Potential Involvement of Apple Corp. Servers in the U.S.

Intellectual Property: Patent

District Court Imposes Injunction Requiring Non-U.S. Parent of Infringing Party To Include Statement of Infringement in Noninfringing Sales Outside the U.S.

District Court Holds That Conduct Outside the U.S. Can Constitute Prohibited Inducement of Infringement in the U.S.

District Court Concludes that U.S. Patent Infringement Claim Can Be Brought With Respect to Installation of Allegedly Infringing Equipment on U.S.-Flagged Ship in Brazilian Waters

District Court Sets for Trial Issue Whether License Agreement Providing for Royalty Based on Worldwide Sales Not Covered by National Patent Reflected Parties' Intent and Was Patent Misuse

Intellectual Property: Trademark

District Court Rejects Effort Under the Lanham Act To Declare Non-U.S. Trademarks Abandoned

Securities Law

District Court Dismisses Commodities Exchange Act Claim Because the Futures Contracts at Issue Were Not Traded in the U.S. and Were Not Traded on a U.S. Exchange

White Collar Criminal Law

District Court Finds that Conduct in the U.K. Resulted in a Domestic U.S. Violation of the Wire Fraud Statute Because U.S. Telecommunications Were Used To Implement the Conspiracy

District Court Concludes That Three Criminal Statutes Apply to Extraterritorial Conduct Arising Out of Fraud against U.S. Government

District Court Finds Question Whether "Go Fast" Boat Was Stateless Vessel, Permitting Jurisdiction over Defendants Having No U.S. Contacts, Is for Jury To Determine

Personal Jurisdiction/Foreign Sovereign Immunities Act (FSIA)/Forum Non Conveniens

District Court Finds Specific Personal Jurisdiction over Foreign Guarantor of a Lease in the U.S.

District Court Dismisses Suit against Non-U.S. Corporation and Individuals Based on Plaintiff's Failure To Produce Evidence of Sufficient Contacts with Forum

District Court Finds No Personal Jurisdiction Over German Manufacturer of Extension Cord Sold by U.S. Retailer and Implicated in House Fire

District Court Finds New York Not an Inconvenient Forum for Enforcement of U.K. Arbitration Award Against Chinese Bank where Plaintiff's Choice Entitled to Deference and No Public or Private Interests Made Litigation Unfair or Inappropriate

District Court Finds Specific Personal Jurisdiction over Nonresident Because He Was a Corporate Officer and Sole Shareholder of company Registered To Do business in New York, and Allegedly Was a Central Figure in the Claim

District Court Finds No Personal Jurisdiction over Danish Civil Servants Whose Only Alleged Contact With Forum Was Presence on Social Media Servers

District Court Finds No Personal Jurisdiction Over Antiguan Real Estate Company With Non-Interactive Website That Had No Relationship With Dispute

District Court Finds No Jurisdiction Over Statoil Because "Commercial Exception" to FSIA Inapplicable

District Court Finds No Personal Jurisdiction Over Brazilian Company that Installed Equipment on U.S.-Flagged Ship in Brazilian Waters, Even Though Installation Could Give Rise to Patent Infringement Claim

Court of Appeals Finds Spanish and Mexican Companies Having No Relevant Contacts with the Forum Not Subject to Personal Jurisdiction in Case Claiming They Were Responsible for Injuries Suffered by Plaintiff While on Vacation

District Court Finds No Personal Jurisdiction over Swedish Manufacturer of Pharmaceutical Product That Knew its Products Were Resold to U.S. Customers

District Court Finds No Personal Jurisdiction Over Mexican Shipper Whose U.S. Presence Was Unrelated to Claim at Issue

District Court Finds No Jurisdiction Over Spanish and Jamaican Entities in Negligence Claim Arising out of Accident at Jamaican Hotel

District Court Finds No Personal Jurisdiction over Malaysian Company Acting as Receiver of Malaysian Subsidiary of U.S.-Based Biotechnology Company

District Court Finds No Personal Jurisdiction over Alleged Indemnitors Where Contract of Indemnification Was Neither Negotiated Nor Signed in New York and Required No Payments or Other Actions In New York

RETURN TO The World in U.S. Courts Home Page

U.S. Laws Discussed in This Issue

Editorial Board