4 ms·
> That decision said defendants in patent cases, as in other cases, may be sued essentially anywhere they do business. If this is the case, it seems like it wo
by microcolonel 10y ago
> That decision said defendants in patent cases, as in other cases, may be sued essentially anywhere they do business.
If this is the case, it seems like it would make sense to simply stop doing commerce in hostile jurisdictions. It might constitute a short term loss for some vendors, but it might kill the cottage industry of plaintiff-slanted patent hearings.
- emiliobumachar 10y agoTerms of service forbidding user in East Texas?
- deleted 10y ago[deleted]
- saosebastiao 10y agoI've been mulling over putting in a TOS clause in my product prohibiting its use within the jurisdiction of the Eastern District of Texas. And if I'm understanding this right, not only would it be impossible to sue me there, it would also be possible to bring both criminal and civil complaints against any East Texas patent trolls accessing my site for violation of the CFAA.
- AndrewKemendo 10y agoWould this actually work?
- georgemcbay 10y agoI am certainly no lawyer but I suspect it wouldn't work just based on the fact that if it did it would be standard procedure for tech companies. For a lot of companies, losing business in that one region would be worth the trade (again.. if it actually worked to shield you from patent trolls).
- ajmurmann 10y agoI like this very much. Would there be any negative legal ramifications?
- rtpg 10y agowell let's say your product is on Amazon, and Amazon sells nationwide, even if you do no work in TX. Does Amazon get sued then? Then you get into weird Commerce-y issues. Amazon will probably pull your product rather than be a legal proxy for you
- wyldfire 10y agoYou can control your downstream distribution channels, if that's what it takes. First sale is probably the only real commerce you have to control. But eliminating retailers like Amazon would be a big loss for most producers.
- c3534l 10y agoIt's not the defendent's place f business it's the plaintiff's. People will actually do things like arrange the sale of an item in <your district of choice> in order to qualify. But that's not really necessary anymore because doing commerce online is usually enough.
- rhino369 10y agoIt is actually the defendants place of business that matters, but doing business for jurisdiction purposes is pretty widely defined. If you sell your stuff to Amazon and Amazon sells it nationwide, you are going to be subject to nationwide jurisdiction.