The stream-of-commerce theory of personal jurisdiction originated in the Supreme Court's decision in World-Wide Volkswagen Corp. v. Woodson, 444 U.S. 286, 297 (1980), in which the Court held that the exercise of jurisdiction over a defendant is permissible when the sale of its product "is not simply an isolated occurrence, but arises from the efforts of the [defendant] to serve, directly or indirectly, the market for its product." The question of first impression in QR Spex, Inc. v. Motorola, Inc., 2007 U.S. Dist. LEXIS 66394 (E.D. Tex. June 18, 2007) was ‛whether the stream-of-commerce theory can support personal jurisdiction over a defendant even if the allegedly infringing product never reaches the forum through the stream of commerce.“ District Judge David Folsom answered this question in the negative. He reasoned that ‛[t]he Supreme Court's language implies that, even in today's modern economy, a defendant can avoid jurisdiction by purposefully avoiding a particular State.“ His conclusion: ‛[A]n exercise of personal jurisdiction under the stream-of-commerce theory is only appropriate where the allegedly infringing product reaches the forum.“
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