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United States Court of Appeals for the Federal Circuit
April 28, 2008, Decided
[***1755] [*1357] GAJARSA, Circuit Judge.
This patent and copyright case requires that we clarify the often-confused boundary between elements of a federal claim, which must be established before relief can be granted, and the requirements for establishing subject matter jurisdiction. Plaintiffs-Appellees Litecubes, LLC and Carl R. Vandershuit (collectively "Litecubes"), brought an action in the U.S. District Court for the Eastern District of Missouri [**2] alleging patent and copyright infringement by Defendant-Appellant Northern Lights Products, Inc., doing business as GlowProducts.com ("GlowProducts"). The district court entered a judgment against GlowProducts after a jury verdict of copyright and patent infringement. Subsequently, GlowProducts filed a motion to dismiss the case for lack of subject matter jurisdiction on the grounds that it did not sell the allegedly infringing products within the United States, nor import the products into the United States. The district court denied the motion on the grounds that GlowProducts did import the goods into the United States.
GlowProducts appeals the denial of its motion to dismiss for lack of subject matter jurisdiction. We affirm the district court's denial of the motion to dismiss, but do so on different grounds. The district court erred in treating the issue of whether the goods had been imported into the United States as an issue impacting its subject matter jurisdiction. ] A plaintiff must prove that allegedly infringing activity took place in the United States to prevail on claims of patent or copyright infringement, but as with any other element of the claims, failure to do so does [**3] not divest the federal courts of subject matter jurisdiction over the action.
We also affirm the district court's denial of GlowProducts' motion for a judgment as a matter of law. Substantial evidence supports the jury's finding of infringement.
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523 F.3d 1353 *; 2008 U.S. App. LEXIS 9166 **; 86 U.S.P.Q.2D (BNA) 1753 ***; Copy. L. Rep. (CCH) P29,647
LITECUBES, LLC, and CARL R. VANDERSCHUIT, Plaintiffs-Appellees, v. NORTHERN LIGHT PRODUCTS, INC. (doing business as GlowProducts.com), Defendant-Appellant.
Subsequent History: Rehearing denied by, Rehearing, en banc, denied by Litecubes, LLC v. Northern Light Prods., 2008 U.S. App. LEXIS 14170 (Fed. Cir., June 19, 2008)
US Supreme Court certiorari denied by GlowProducts.com v. Litecubes, LLC, 555 U.S. 1013, 129 S. Ct. 578, 172 L. Ed. 2d 432, 2008 U.S. LEXIS 8325 (U.S., Nov. 10, 2008)
Prior History: [**1] Appealed from: United States District Court for the Eastern District of Missouri. Judge E. Richard Webber.
Litecubes, L.L.C. v. Northern Light Prods., 2006 U.S. Dist. LEXIS 60575 (E.D. Mo., Aug. 25, 2006)
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Civil Procedure, Subject Matter Jurisdiction, Jurisdiction Over Actions, General Overview, Copyright Law, Civil Infringement Actions, Jurisdiction, Federal Court Jurisdiction, Evidence, Burdens of Proof, Allocation, Patent Law, Jurisdiction & Review, Business & Corporate Compliance, Sales of Goods, Performance, Delivery & Shipment by Seller, Appeals, Standards of Review, De Novo Review, Federal Questions, Well Pleaded Complaint Rule, Infringement Actions, Defenses, Demurrers & Objections, Motions to Dismiss, Failure to State Claim, Pleadings, Complaints, Requirements for Complaint, Supplemental Jurisdiction, Pendent Claims, Governments, Legislation, Effect & Operation, International Law, Authority to Regulate, Inferences & Presumptions, Presumptions, Rebuttal of Presumptions, In Rem & Personal Jurisdiction, In Personam Actions, Constitutional Law, Congressional Duties & Powers, Presumptions, Ownership Rights, Distribution, Infringement, Copyright Infringement Actions, Elements, Appellate Briefs, Weight & Sufficiency, Trials, Judgment as Matter of Law, Infringing Acts, Offers to Sell & Sales, Substantial Evidence, Sufficiency of Evidence