Lovevery Argues that APEX Jurisdiction Holding Undermines Anti-Counterfeiting Efforts

by Dennis Crouch

This is my third post about SnapPower (SnapRays) v. Lighting Defense, and the Federal Circuit's holding that patentee's who use Amazon's patent enforcement process (APEX) to block infringing product sales open themselves to personal jurisdiction in the home state of the accused infringer. SnapPower v. Lighting Def. Group, 100 F.4th 1371 (Fed. Cir. 2024). In my view, the Federal Circuit has gone too far with aggressive personal jurisdiction in this case, and the patentee Lighting Defense has petitioned for en banc rehearing on the issue.

• Discussion of the Original Decision.
• Discussion of the En Banc Petition.

Most recently, toy-maker Lovevery has filed an amicus brief supporting en banc review.