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Before 1993, a U.S. company pre-emptively taking a truly foreign company to court to seek a declaration of noninfringement or invalidity of a patent was limited to the U.S. District Court for the District of Columbia. Now, a federal rule gives U.S. companies an infrequently used option of bringing such actions (and other federal law claims) in their home districts, even if the foreign patentee has no contacts at all within that state.
November 10, 2003 at 12:00 AM
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The original version of this story was published on National Law Journal
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