Legal Opinion
Overstock. Com, Inc. v. Furnace Brook, LLC
District Court, D. Utah
Decided October 31, 2005No. 2:05-cr-00679PublishedCited by 6 opinions
1Opinion of the Court
MEMORANDUM DECISION AND ORDER GRANTING MOTION TO DISMISS FOR LACK OF PERSONAL JURISDICTION AND DENYING MOTION FOR LEAVE TO CONDUCT JURISDICTIONAL DISCOVERY
CASSELL, District Judge.
The issue in this case is whether a New York-based company subjects itself to personal jurisdiction in Utah by merely sending letters to a Utah company offering to license a patent. Under controlling Federal Circuit precedent, the answer to that question appears clear: personal jurisdiction will not lie in Utah, as the mere act of mailing a cease-and-desist letter into Utah — even if it contains an offer to license a…
2Cases cited9 opinions
- Red Wing Shoe Company, Inc. v. Hockerson-Halberstadt, Inc.Court of Appeals for the Federal Circuit · 1998
- The Akro Corporation v. Ken LukerCourt of Appeals for the Federal Circuit · 1995
- Inamed Corporation, Inamed Development Company and Bioenterics Corporation v. Lubomyr I. KuzmakCourt of Appeals for the Federal Circuit · 2001
- Silent Drive, Inc. v. Strong Industries, Inc. And Brooks StrongCourt of Appeals for the Federal Circuit · 2003
- Trintec Industries, Inc. v. Pedre Promotional Products, Inc.Court of Appeals for the Federal Circuit · 2005
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Jetblue Airways Corp. v. Helferich Patent Licensing, LLCDistrict Court, E.D. New York · 2013
- Laseraim Tools, Inc. v. SDA Manufacturing, LLCDistrict Court, E.D. Arkansas · 2008
- Alpha Thirteen, LLC v. Geico Casualty Company, Progressive Preferred Insurance Company, and Amberly MontanezDistrict Court, D. Utah · 2026
- NAPCO, INC. v. LANDMARK TECHNOLOGY A, LLCDistrict Court, M.D. North Carolina · 2021
- Summer Infant (USA), Inc. v. TOMY International, Inc.District Court, D. Rhode Island · 2019
1 more not listed; retrieve them via the Exa API.