What effect do cease and desist negotiations have on jurisdiction?

IP News Challenge

By Beverly A. Berneman

BEVERLY A. BERNEMAN is a partner and chair of the Intellectual Property Practice Group at Golan Christie Taglia LLP. Beverly works with businesses to protect their patents, trademarks, copyrights and trade secrets. Reach her at baberneman@gct.law.

Posted July 19, 2022 11:50 AM

Question: Do cease and desist negotiations confer personal jurisdiction when suit is filed? Discussion: Zipit Wireless Inc. is a Delaware corporation with a principal place of business in South Carolina. Zipit sent a cease a desist letter to Apple Inc., which is located in the Northern District of California. Zipit accused Apple of infringement on Zipit’s patents directed to wireless instant messaging devices.Over the course of three years, the parties exchanged several rounds of correspondence. At one point, Zipit’s …

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