The World in U.S. Courts:
Summer 2019

Decisions Discussed in This Issue | September.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 – Patents

Direct and Indirect Infringement Claims Allowed to Proceed Against Japanese Parent that Neither Imported nor Sold Allegedly Infringing Cellphones in the US

Intellectual Property – Trademarks

Use of Allegedly Infringing Marks by Non-US Entities Fails to Support Extraterritorial Application of the Lanham Act Because the Claimant Failed to Document Potential US Effects

Racketeer Influenced and Corrupt Organizations Act (RICO)

US Domestic Injury Found Where Theft Deemed to Have Occurred when Funds Transferred from US Bank Account

Defrauded Lichtenstein Trust Did Not Suffer US “Domestic Injury’ where Forged Painting was Purchased with Funds Wired from Account in Lichtenstein

Securities Law/Commodities Exchange Act (CEA)

Factual Allegations Insufficient to Establish US Transaction in Securities Fraud Suit by Cayman Islands Bank Against Brazilian Entity Relating to Debt Securities Sold Outside the US

Non-US Individual Defendants’ Alleged Participation in US Securities Fraud Scheme Supports Assertion of Personal Jurisdiction

Libor Rate Manipulation by French Citizen Living in France Was US “Domestic” Conduct Under the Commodities Exchange Act Because the Rates Were Transmitted into US and Used in US Financial Transactions

No Personal Jurisdiction Over Australian Bank and Company when Only US Contacts were CTFC Registration and Globally Accessible Website

Personal Jurisdiction/Forum Non Conveniens

Personal Jurisdiction Based on Knowledge of Texas Port Call and Lack of Objection Even Where Ship Operator Had No Other Texas Contacts or Control Over Destination

No Specific Personal Jurisdiction over Japanese Car Manufacturer where Plaintiff Presented Virtually No Evidence of Forum-Specific Contacts

Personal Jurisdiction Exists Over Japanese Baseball Company That Directed Contract Negotiations and Payments Toward Player Living in Pennsylvania But Jurisdiction Not Imputed to Parent Company

Specific Personal Jurisdiction Satisfied by Overseas Defendant’s Control over Wholly-Owned US Subsidiaries

Personal Jurisdiction Over Canadian Corporation and Alter Ego-Based Jurisdiction Over its Sole Shareholder and Sole Creditor

Personal Jurisdiction Based on Canadian Corporation’s Seven Year Distribution Agreement with California Company

No Personal Jurisdiction Over Australian Bank and Company when Only US Contacts were CTFC Registration and Globally Accessible Website

No Personal Jurisdiction in New York Discrimination Case over Tiawanese Company that Attempted to Recruit a Candidate in New York for Overseas Employment

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