Intellecual Property: International - Recent Developments

Voda v. Cordis Corp. (Federal Circuit, February 1, 2007)

No Jurisdiction to Enforce Foreign Patent Even When Client Is Already Litigating U.S. Patent

The U.S. courts are unlikely to retain jurisdiction to enforce a foreign patent in a U.S. court even when the patent owner is already before the court to enforce its U.S. patent, according to a February case before the Federal Circuit. The patented device is used to guide catheters for use in interventional cardiology. Voda sued Cordis in U.S. court, then amended his petition alleging infringement outside the U.S. in violation of patents issued by foreign countries. The trial court found subject matter jurisdiction over the foreign patents based on 28 U.S.C. Sec. 136, the supplemental jurisdiction statute, but the Federal Circuit held that jurisdiction should have been declined in order to avoid prejudicing the rights of foreign governments that granted those patents. Click here for full version.