Copyright Law | Expert Legal Commentary
May 13, 2008
Litecubes v. Northern Lights Products: Extending the Extraterritorial Reach of Subject Matter Jurisdiction
Litecubes, L.L.C. and Carl R. Vanderschuit v. Northern Lights Products, Inc.
By
Olivier A. Taillieu of Zuber & Taillieu LLP
The Court of Appeals for the Federal Circuit’s decision in Litecubes LLC v. Northern Light Products clarified some critical elements of IP litigation jurisprudence. Litecubes LLC v. Northern Light Products, ___ F3d ___, 2008 WL 1848659 (C.A. Fed. (Mo.)) The Litecubes Court took the opportunity to clarify a few issues that have been the source of confusion in the IP arena, particularly regarding infringement claims with extraterritorial aspects. Specifically, the Litecubes Court addressed the fact that proof that the infringing activity takes place in the United States is proof of an element of infringement, but it is not relevant to the question of subject matter jurisdiction.
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About the Author
Olivier A. Taillieu is a Partner of Zuber & Taillieu LLP, focusing on intellectual property litigation and arbitration.
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