sorry to harp on this, but check out some of the circuit court cases. even specific jurisdiction wouldn't apply here. bottom line is, court cannot exercise personal jurisdiction over an out-of-state defendant absent any evidence of intent to direct efforts at the forum state, and maintenance and operation of a website that is accessible and viewable within the forum state is insufficient to establish that intent. it's a 7th circuit case.
however, since this is based in the UK, the US courts might have problems asserting personal jurisdiction over a UK enterprise. Note that many circuit courts have held that general personal jurisdiction does not exist and cannot exist by simply setting up a website to solicit business. More factors are neede.
Yes and no. Depends on whether they filed a PCT (patent cooperation treaty) application, and then go on to file for a patent before the EPO (european patent organization), and whether the EPO approves the patent application. If the EPO approves, then basically, the patent can be enforced in the UK and the rest of Europe. If not, you're home safe.
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sorry to harp on this, but check out some of the circuit court cases. even specific jurisdiction wouldn't apply here. bottom line is, court cannot exercise personal jurisdiction over an out-of-state defendant absent any evidence of intent to direct efforts at the forum state, and maintenance and operation of a website that is accessible and viewable within the forum state is insufficient to establish that intent. it's a 7th circuit case.
however, since this is based in the UK, the US courts might have problems asserting personal jurisdiction over a UK enterprise. Note that many circuit courts have held that general personal jurisdiction does not exist and cannot exist by simply setting up a website to solicit business. More factors are neede.
Yes and no. Depends on whether they filed a PCT (patent cooperation treaty) application, and then go on to file for a patent before the EPO (european patent organization), and whether the EPO approves the patent application. If the EPO approves, then basically, the patent can be enforced in the UK and the rest of Europe. If not, you're home safe.