The World in U.S. Courts:
Winter 2018

Decisions Discussed in This Issue |

Please click the links below to read a summary of the decision listed. 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)/Anti-Terrorism Act (ATA)

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS

Foreign Sovereign Immunity Act (FSIA)

Swiss University Subject To FSIA’s “Commercial Activity” Exception Where It Consented, Outside The US, To The Delivery of a Cease-And-Deist Letter to a US Entity in Connection With Alleged Patent Infringement

Discovery In Aid Of Attachment Permitted With Limitations Against The Arab Republic Of Egypt, The Egyptian Embassy, And Egypt’s Cultural And Educational Bureau

FSIA Governs Effort to Convert ICSID Arbitration Award to Judgment

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

Absence Of US “Domestic Injury” Claim Dooms Antitrust Claim

Antitrust Claim Based On Korean Conspiracy To Fix The Price Of Ramen Proceeds To Trial Because Conspiracy May Have Affected The Prices Charged By Defendants To Their US Subsidiaries And Downstream Pricing To US Customers

Economic Testimony Inadequate To Permit Claim Of US Impact From Asian Conspiracy To Proceed To Trial

Arbitration

FSIA Governs Effort to Convert ICSID Arbitration Award to Judgment

Intellectual Property – Patents

Sale Of Products To Delaware Corporation That Distributes Products Nationwide Constitutes “Targeting” Of Delaware Market

Personal Jurisdiction In Michigan Over Taiwanese Manufacturer Based On Manufacturer’s Custom-Manufacture Of Allegedly Infringing Products For Michigan Corporation

Personal Jurisdiction Over Taiwanese Company For Patent Infringement Claim Upheld On “Stream of Commerce” Theory

Evidence Of Extraterritorial Actions Relevant To Claim Of Induced Infringement Under 35 USC 371(b)

Sale Of Products To Delaware Corporation That Distributes Products Nationwide Constitutes “Targeting” Of Delaware Market

Extraterritorial Conduct That Cannot Form Basis For Infringement Still Relevant To Finding Of Willfulness

Extraterritorial Sales Of Product Made From Patented Us Component Could Constitute Infringement Under 35 USC 271(f)(2) And “Irreparable Injury” Sufficient To Support Injunction

Intellectual Property – Copyrights

Personal Jurisdiction Not Found Where Only 10 Copies of Allegedly Infringing Newsletter Were Sent To Recipients In California

Canadian Government Agency Distribution Of US Copyrighted Material Copied By Defendant Does Not Render Those Copies “Lawfully Made” Under US Copyright Law, And The Statutory “First Use” Doctrine Does Not Protect That Copying And Transmittal Of The Material To The US

Personal Jurisdiction Over Canadian Defendants In A Copyright Infringement Action Rejected Under California Law But Upheld Under Rule 4(k)(2)

Racketeer Influenced and Corrupt Organizations Act (RICO)

Court Of Appeals In New York Holds That Misappropriation Of Tangible Property In The US Is A US “Domestic Injury,” Even If Suffered By A Non-US Plaintiff

Relocation Expenses Incurred In Mexico And Loss Of Income From Mexican Job Cannot Be Recovered In Private Civil RICO Suit

US “Domestic” Injury Found Where US-Based Employees Authorized Mailing of Subject Publications from One Non-US Location to Another

Exercise Of Personal Jurisdiction Over Italian Defendants For RICO Claim Not Reasonable Where Almost All Relevant Conduct Occurred In Italy And Italian Law Would Largely Govern

White Collar Criminal Law/Money Laundering

“Bright-Line” Rule Applying Wire Fraud Statute Based Solely On Use Of US Wires Criticized But Applied

Personal Jurisdiction/Forum Non Conveniens

Sale Of Products To Delaware Corporation That Distributes Products Nationwide Constitutes “Targeting” Of Delaware Market

Personal Jurisdiction Exists Where Canadian Citizen Was Personally Served In Forum State, And Where He Had Travelled To Conduct Business, Lease Space, And Hire Independent Contractor In State In Connection With Allegedly Breached Contract

Personal Jurisdiction Not Found Where Only 10 Copies of Allegedly Infringing Newsletter Were Sent To Recipients In California

Personal Jurisdiction Over Japanese Manufacturer In Product Liability Action Based On Manufacturer’s Involvement With Design And Distribution In US

Australian Company That Obtained Injunction In Australia Having Impact In California Subject To Specific Personal Jurisdiction

Flow of Defendants’ Products Into State Did Not Establish General Personal Jurisdiction

Personal Jurisdiction Over Taiwanese Company For Patent Infringement Claim Upheld On “Stream of Commerce” Theory

Personal Jurisdiction Over German Licensee Of US Patent Exists Under Rule 4(k)(2) Because The License Had US Commercialization and Patent Enforcement Obligations, But Not Under 35 USC 293 Because The License Was Not Tantamount To An Assignment

No Personal Jurisdiction Over Non-Us Bank Whose New York Correspondent Banking Relationship Was Not “Integral” To Madoff Fraud, And That Did Not Exercise Actual Principal-Agent Relationship With Madoff

No US “Domestic Injury” Found Where Relevant Conduct And Impact Occurred In China

Personal Jurisdiction Over Brazilian Bank Executive Based On His Approval Of A Press Release Used In SEC Filings

Personal Jurisdiction Over British Company That Did Not Sell Product In The US

German Manufacturer’s Alleged Participation In Conspiracy To Undermine Effectiveness Of Us Pollution Control Regulations Supports Assertion Of Personal Jurisdiction Under Rule 4(K)(2)

Maryland Plaintiff’s Choice Of Pennsylvania Forum For Trial Of Alleged Injury In The Dominican Republic Rejected On Forum Non Conveniens Grounds

Sale Of Products To Delaware Corporation That Distributes Products Nationwide Constitutes “Targeting” Of Delaware Market

Personal Jurisdiction Over Canadian Defendants In A Copyright Infringement Action Rejected Under California Law But Upheld Under Rule 4(k)(2)

No Personal Jurisdiction in California Over Swiss Shipper Pursuant To Rule 4(k)(2) Where Claim Could Be Brought Against Shipper In New Jersey

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