Legal Question in Intellectual Property in New York

Re: jurisdiction

It depends. Filing a lawsuit in a court subjects the plaintiff to the jurisdiction of that court, whether or not s/he has other contacts within the jurisdiction. However, there has to be at least a modicum of contact between a defendant and the jurisdiction in which a lawsuit is brought. Thus, I agree with Mr. Browde; if the new suit involves the same transaction then maybe -- maybe -- the personal jurisdiction is good; if it doesn't, then probably personal jurisdiction fails.

Good question -- I hope you get an A in Civil Procedure!

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: jurisdiction

Addendum to my previous answer:

Original Plaintiff = A; Original Defendant = B

If B can somehow serve process on A in the second suit while A is in the forum, then personal jurisdiction will likely succeed, regardless of A's non-contact with the forum.

THE INFORMATION PRESENTED HERE IS GENERAL IN NATURE AND IS NOT INTENDED, NOR SHOULD IT BE CONSTRUED, AS LEGAL ADVICE. THIS POSTING DOES NOT CREATE ANY ATTORNEY-CLIENT RELATIONSHIP BETWEEN US. FOR SPECIFIC ADVICE ABOUT YOUR PARTICULAR SITUATION, CONSULT YOUR ATTORNEY.

Re: jurisdiction

It's a close call. If the second case, filed by the original defendant, involves the same transaction, it would likely be argued by the new plaintiff/old defendant that the act of filing an action constituted sufficient contact and purposeful availment to generate jurisdiction.

Whether that argument would win or not could depend upon more facts than those in your question. If you'd like to discuss it further, please feel free to get in touch.