Trimble Inc. v. PerDiemCo LLC

 
APPEAL NO.
19-2164
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Dyk

Question(s) Presented

1. “Whether [Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998)]’s ‘approach that fosters settlement’ must be considered in assessing the fourth fairness factor-‘the interstate judicial system’s interest in obtaining the most efficient resolution of controversies’-when determining if ‘assertion of personal jurisdiction would comport with “fair play and substantial justice”‘”;

2. “Whether Red Wing embodies patent specific procedural rules, and, accordingly, whether it has been overruled or constrained by SCA Hygiene Prods. Aktiebolag v. First Quality Baby Prods., LLC, 137 S. Ct. 954, 964 (2017) or other Supreme Court precedent”; and

3. “Whether, under Red Wing, reasonableness of personal jurisdiction over a declaratory judgment defendant may be maintained based merely on the quantity of settlement negotiation communication as opposed to their ‘quality and nature.’”

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