2009年2月21日土曜日

米国 裁判管轄に関する論文

271で裁判管轄に関する[論文]文が紹介されています。

Notwithstanding subsection 1391(c) of this title, any civil action for patent infringement may be brought against a corporation only in a judicial district--

(1) where the defendant has its principal place of business or where the defendant is incorporated;

(2) where the defendant has committed a substantial portion of the acts of infringement and has a regular and established physical facility that it controls;

(3) where any defendant has committed a substantial portion of the acts of infringement and has a regular and established physical facility that it controls, if there is no other district in which the action may be brought under subsections (1) or (2); or

(4) where any defendant has its principal place of business, where any defendant is incorporated, where any defendant may be found, or where any defendant has committed acts of infringement, if there is no other district in which the action may be brought under subsections (1), (2) or (3).

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