Analysis

Fed. Circ. Eases Serving Of Patent Suits On Foreign Cos.

By Ryan Davis (September 24, 2021, 9:55 PM EDT) -- A recent Federal Circuit decision likely provides a route for judges and plaintiffs in patent cases to circumvent an international treaty that creates hurdles when serving complaints on foreign defendants, potentially speeding up some proceedings by many months, attorneys say.

The appeals court denied a mandamus petition by Chinese smartphone maker OnePlus, which argued it wasn't properly served with a patent complaint because Western District of Texas Judge Alan Albright allowed the plaintiff to serve OnePlus attorneys in the U.S., rather than the company itself in China through procedures set by the Hague Convention.

While the Federal Circuit expressed "concerns" about...

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