Hunton Retail Law Resource

Global design patent strategies are increasingly being relied upon by retail and consumer products companies as a cost-effective way to protect key product lines.  However, it is important to understand the various nuances of global design patent strategies since there are traps for the unwary, most notably in Australia and China.

In a recent case, Trimble Inc. v. PerDiemCo LLC, No. 2019-2164 (May 12, 2021), the Federal Circuit found that, sometimes, threatening a patent infringement action, or entering extensive patent license negotiations prior to filing suit, with a company having a presence in a particular state could subject you to jurisdiction in that state, even if you are located elsewhere.