Wednesday, October 17, 2007

Judge Zilly Dismisses "Dog" of a Patent Case

Plaintiff, High Maintenance Bitch, a local maker of dog accessories, sued a Texas defendant, Uptown Dog, Inc. for infringement of a number of design patents. A small operation by any measure, Uptown was run by the company's co-founder out of her home. Defendant Uptown had made only one isolated sale into the sate of Washington over the last three years through its interactive web site. On this basis, Uptown sought dismissal of the complaint for lack of personal jurisdiction. Despite Uptown's interactive web site and the existence of at least one sale into the state of Washington, Judge Zilly dismissed the complaint, calling Plaintiff's allegations of jurisdiction "frivolous" and granting Uptown its attorney's fees. Read the opinion here by clicking the following link. hmb%20order.pdf

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