The United States District Court for the District of Utah, Central Division recently granted defendant Furnace Brook LLC’s (“Furnace Brook”) motion to dismiss plaintiff Overstock.com’s (Overstock) declaratory judgment action for lack of personal jurisdiction. Relying on Red Wing Shoe Co. v. Hockerson-Halberstadt, Inc., 148 F.3d 1355 (Fed. Cir. 1998), the Court held that cease-and-desist letters sent by Furnace Brook from its New York headquarters were not sufficient to justify personal jurisdiction in Utah and that Furnace Brook had not performed the necessary “other activities”—such as negotiating license agreements or collecting royalty payments—required in order for a patentee to be subject to personal jurisdiction in the forum. Although the Court found that the jurisdictional question was “clear,” it observed that the defendant was a “patent troll,” or a person who tries to make money off of a patent he is not practicing and has never practiced by threatening out-of-state companies with expensive litigation. Furnace Brook, a New York-based company, owns a patent on software and computer systems that facilitate internet purchases. The company purchased its patent at a bankruptcy auction and has used it to threaten several prominent retailers, including the plaintiff, with patent infringement suits. Unwilling to comply with Furnace Brook’s repeated cease-and-desist letters, Overstock, which is based in Utah, filed an action in Utah seeking a declaratory judgment that “Furnace Brook’s patent was invalid, or, if valid, that Overstock’s technology d[id] not infringe it.” In response, Furnace Brook filed a motion to dismiss the action for lack of personal jurisdiction because Furnace Brook’s only contacts with Utah were the aforementioned cease-and-desist letters.