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First Circuit Clarifies Standards For Establishing Personal Jurisdiction Over Out-Of-State Defendants - Litigation, Mediation & Arbitration

Defendants not domiciled in a forum generally cannot be subject to jurisdiction unless there is a sufficient relationship between the defendants' conduct relevant to the lawsuit and the forum.

Affirmance of District Court Denying Covidien s Post-Trial Motion for Declaratory Judgment

Advertisement Special Verdicts and Instructions Result in Affirmance of District Court Denying Covidien’s Post-Trial Motion for Declaratory Judgment Friday, April 30, 2021 In  Covidien LP v. Brady Esch, 2021 U.S. App. LEXIS 10155 (Ct. App. First Circuit, April 8, 2021), the Court of Appeals for the First Circuit (Judges Howard, Thompson, and Gelpí) affirmed the district court’s denial of Covidien’s post-trial declaratory judgment request that Esch assign any “Inventions” described in Esch’s patent applications to Covidien. Background Esch worked in the field of varicose vein treatment for VNUS Technologies, which was acquired by Covidien in 2009. Esch signed a Non-Competition, Non-Solicitation, and Confidentiality Agreement in 2009. This 2009 Agreement included a clause requiring Esch to “disclose to Covidien all ‘Inventions’ created during his employment with the company or within one year after leaving the company.” “Inventions” was broadly

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