No. 19-1092

In Re TCT Mobile International Limited

Lower Court: N/A
Docketed: 2020-03-05
Status: Denied
Type: Paid
Response Waived
Tags: bristol-myers-squibb civil-procedure contact-attribution due-process eastern-district-of-texas federal-circuit forum-state mandamus nonresident-defendant personal-jurisdiction stream-of-commerce unilateral-activity venue
Key Terms:
Patent JusticiabilityDoctri
Latest Conference: 2020-05-01
Question Presented (AI Summary)

Whether the Federal Circuit erred in denying mandamus and failing to correct a district court ruling finding personal jurisdiction over a nonresident defendant that had no contacts in the forum state and did not control the shipment of products there

Question Presented (from Petition)

QUESTION PRESENTED There can be no personal jurisdiction over a nonresident defendant: when the only contact between that defendant and the forum state results from the “unilateral activity of another party or a third person.” Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 (1985). Moreover, contacts cannot be borrowed from a third party and attributed to a nonresident defendant to find personal jurisdiction. Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773, 1783 (2017). The question presented is: 1. Whether the Federal Circuit erred in denying mandamus and failing to correct a district court ruling ; finding personal jurisdiction over a nonresident defendant that had no contacts in the forum state and did not control the shipment of products there. ; | . ii

Docket Entries

2020-05-04
Petition DENIED.
2020-04-15
DISTRIBUTED for Conference of 5/1/2020.
2020-03-27
Waiver of right of respondent Semcon IP Inc. to respond filed.
2020-01-15
Petition for a writ of mandamus filed. (Response due April 6, 2020)

Attorneys

Semcon IP Inc.
Alfred R. FabricantBrown Rudnick LLP, Respondent
Alfred R. FabricantBrown Rudnick LLP, Respondent
TCT Mobile International Limited
Lionel M. LavenueFinnegan, Henderson, Farabow, Garrett & Dunner, LLP, Petitioner
Lionel M. LavenueFinnegan, Henderson, Farabow, Garrett & Dunner, LLP, Petitioner