Intellectual Property News and Reports

Appellant DDB Technologies, L.L.C. (“DDB”) appeals from a decision of the United States District Court for the Western District of Texas. The district court dismissed DDB’s patent infringement suit against MLB Advanced Media, L.P. (“MLBAM”) for lack of subject matter jurisdiction. We hold that the district court correctly held that DDB’s asserted statute of limitations and equitable defenses were not available and that no jury trial was required on the issue of standing. However, we hold that the district court erred in denying DDB’s request for jurisdictional discovery. Therefore we affirm in part and vacate in part the judgment of the district court, and we remand for limited jurisdictional discovery and for further consideration of the district court’s jurisdiction based on that discovery.

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