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Beverly Hills Fan Co. v. Royal Sovereign Corp. and Ultec Enterprises Co., Ltd.
United States Court of Appeals for the Federal Circuit
21 F.3d 1558, 30 U.S.P.Q.2d 1001 (1994)
Beverly Hills Fan Company (Beverly) (plaintiff), a company incorporated in Delaware with its principal place of business in California, held a patent on a design for a ceiling fan. Beverly brought an infringement action against Royal Sovereign Corporation (Royal) (defendant), a Chinese company, and Ultec Enterprises Company, Ltd. (Ultec) (defendant), a New Jersey company that imported Royal products into the United States. The suit was filed in the United States District Court for the Eastern District of Virginia, where Beverly alleged Royal and Ultec sold infringing fans through intermediaries. Royal and Ultec moved to dismiss for lack of personal jurisdiction, arguing that they had no assets or employees in Virginia and thus no reason to anticipate the possibility of litigation in the state. Beverly countered with evidence that the allegedly infringing fans were purposely shipped to Virginia through an established channel of distribution and made available in several Builder’s Square outlets in the state. The court granted the motion to dismiss. Beverly filed a motion for reconsideration, which was denied. Beverly then appealed to the United States District Court for the Federal Circuit.
Rule of Law
Holding and Reasoning (Plager, J.)
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