The World in U.S. Courts:
Spring 2019

Decisions Discussed in This Issue | June.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.

Intellectual Property – Copyright

Copyright Act Does Not Apply to Proposed Sale of Allegedly Unlawful Copy of Sculpture to US Buyer Because All Relevant Conduct Occurred Outside the US and No Infringing “Predicate Act” Otherwise Exists

No Personal Jurisdiction in Florida Over Australian Manufacturer of Motorcycle Parts Where Its Only Connections with The US Were (i) a Website Operated Globally that Did Not Account for Substantial Sales in Forum and (ii) California-Based US Distributors

Racketeer Influenced and Corrupt Organizations Act (RICO)

Non-US Plaintiffs Allegedly Defrauded by Fund’s Investment in US Life Insurance Proceeds did not Suffer a US Domestic Injury Within the Meaning of RICO

Conduct in Poland that Injured a Polish Corporation is Subject to Private RICO Claim Because Defendant Invested Allegedly Unlawful Profits in the US to Thwart Plaintiffs’ Effort to Discover and Recover Lost Funds

Provisions of RICO Statute Authorizing Broad Assertion of Jurisdiction Do Not Apply to Claims Against Peruvians who Were Alleged Conspirators

Personal Jurisdiction/Forum Non Conveniens

No Personal Jurisdiction Over French Manufacturer of Allegedly Defective Component Incorporated into Product Sold by Different Manufacturer

Non-US Plaintiffs Allegedly Defrauded by Fund’s Investment in US Life Insurance Proceeds did not Suffer a US Domestic Injury Within the Meaning of RICO

Webinar Originating in Canada Cannot Support Jurisdiction in California

No Specific Personal Jurisdiction over German Car Manufacturer that Did Not Control Indirect US Subsidiary

Personal Jurisdiction Defense Waived Even Though Raised as an Affirmative Defense Because of Eleven-Month Delay in Pursuing It and Resulting Prejudice to Plaintiff

President and CEO of Mt. Gox Bitcoin Exchange Subject to Personal Jurisdiction in Illinois Because of the Extent of Mt. Gox’s interactions with Illinois Residents

Provisions of RICO Statute Authorizing Broad Assertion of Jurisdiction Do Not Apply to Claims Against Peruvians who Were Alleged Conspirators

No Personal Jurisdiction in Florida Over Australian Manufacturer of Motorcycle Parts Where Its Only Connections with The US Were (i) a Website Operated Globally that Did Not Account for Substantial Sales in Forum and (ii) California-Based US Distributors

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