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In Re TCT Mobile International Limited

Paid petition


Certiorari denied · May 4, 2020
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

There can be no personal jurisdiction over a nonresi­ dent defendant when the only contact between that defendant and the forum state results from the “uni­ lateral activity of another party or a third person.” Burger King Corp. u. Rudzewicz, 471 U.S. 462, 475 (1985). Moreover, contacts cannot be borrowed from a third party and attributed to a nonresident defendant to find personal jurisdiction. Bristol-Myers Squibb Co. v. Superior Court of California, San Francisco Cty., 137 S. Ct. 1773, 1783 (2017). The question presented is: 1. Whether the Federal Circuit erred in denying mandamus and failing to correct a district court ruling finding personal jurisdiction over a nonresident defend­ ant that had no contacts in the forum state and did not control the shipment of products there.

Counsel of record

For petitioner
Lionel Marks Lavenue
Finnegan, Henderson, Farabow, Garrett & Dunner, LL

For respondent
Alfred R. Fabricant
Brown Rudnick LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. May 04 2020
    Petition DENIED.
  2. Apr 15 2020
    DISTRIBUTED for Conference of 5/1/2020.
  3. Mar 27 2020
    Waiver of right of respondent Semcon IP Inc. to respond filed.
  4. Jan 15 2020
    Petition for a writ of mandamus filed. (Response due April 6, 2020)