A mere offer to donate allegedly infringing products is not the legal equivalent of an offer to sell and does not give rise to a cause of action for patent infringement under 35 U.S.C. � 271(a), the U.S. Court of Appeals for the Federal Circuit held December 15 in a case of first impression (Hollyanne Corp. v. TFT Inc. , Fed. Cir., No. 99-1229, 12/15/99).
In an opinion by Judge Paul R. Michel, the court said that the U.S. District Court for the District of Nebraska did not err in dismissing the case for lack of personal jurisdiction over the defendant since the plaintiff’s in-fringement cause of action did not “arise out of or directly relate to” the defendant’s activities in the forum state.
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