St. Paul, Minnesota-based Takonix, Inc., has brought a preemptive “patent non-infringement” suit against Oregon-based Brakeaway Products, Inc. — competitors in the technology of motorcycle “cruise control” in the United States District Court for the District of Minnesota (before U.S. Dist. Ct. Judge Ann D. Montgomery). (BTW, who’s selling these guys products liability insurance? What kinds of premiums???)
Is that fair — to cause Oregon-based Brakeaway to trek to Minnesota to defend an attack of a patent which it has licensed to use in its product? Does that offend traditional notions of fair play and substantial justice? And what about the fact that Takonix did not bother to sue the actual inventor (over whom Takonix has more or less admitted no jurisdiction in Minnesota)? Answers are unclear but Brakeaway’s first attempt to break away from the Minnesota court’s jurisdiction did not succeed….