Personal Jurisdiction over Aliens in Patent Infringement Actions: A Uniform Approach Toward the Situs of the Tort

This Note examines current approaches to the question of personal jurisdiction over alien patent infringers. Part I describes personal jurisdiction requirements in the context of patent infringement suits against aliens. The leading case addressing these requirements has been interpreted differently by several courts, thus resulting in conflicting outcomes. Part II explains the current controversy over the locus of the tort of patent infringement. The three different modes of reasoning currently used by courts to determine the locus of the tort would allow immunity from suit for the alien in at least two hypothetical cases. This Part concludes that in order to prevent the possibility of immunity in such situations, the courts should carefully choose and apply the same approach to the locus of the tortious injury. Part III examines the theories behind two competing approaches to the locus of the tortious injury and argues for the uniform adoption of a single rule. This Note concludes that courts should deem the tort to occur where the distributor made the infringing sales.