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Intellectual Property Litigation › Federal Jurisdiction

McDermott Will & Schulte

State court action doesn’t create reasonable apprehension of related federal claims

McDermott Will & Schulte on

Addressing whether a federal district court had jurisdiction over an action for declaratory relief that certain trade secrets and trademarks were invalid and not infringed, the US Court of Appeals for the Eighth Circuit...more

Buckingham, Doolittle & Burroughs, LLC

Recent Sixth Circuit and Ohio Federal Court Interpretations of the Defend Trade Secrets Act vis-a-vis the Ohio Uniform Trade...

Buckingham, Doolittle & Burroughs, LLC on

This article constitutes the first of a multi-part series which will analyze how recent Sixth Circuit Court of Appeals and Ohio Federal Courts address and analyze the Defend Trade Secrets Act, 18 U.S.C. § 1836, et seq....more

Orrick - Trade Secrets Group

“Aloha” To Federal Jurisdiction Over Trade Secrets Claims

Orrick - Trade Secrets Group on

As two recent cases show, how one pleads its case under the Defend Trade Secrets Act can be the difference between whether “aloha” means hello or goodbye to federal jurisdiction....more

Knobbe Martens

PTAB Denies IPR Petition Against the State of Florida Due to 11th Amendment Sovereign Immunity

Knobbe Martens on

In Covidien LP v. University of Florida Research Foundation Incorporated, IPR2016-01274, -01275, -01276 (January 2017), the Patent Trial and Appeal Board held that Eleventh Amendment sovereign immunity applies to inter partes...more

McDonnell Boehnen Hulbert & Berghoff LLP

Apotex Inc. v. Daiichi Sankyo, Inc. (Fed. Cir. 2015)

McDonnell Boehnen Hulbert & Berghoff LLP on

Can a Federal district court ever have subject-matter jurisdiction to hear a declaratory judgment action of non-infringement for a disclaimed patent? Of course, the Federal Circuit explained this week in the Apotex Inc. v....more

Foley & Lardner LLP

Federal Circuit Determines It Does Not Have Jurisdiction to Address Dispute With Heinz

Foley & Lardner LLP on

Under the America Invents Act (“AIA”), the Federal Circuit has jurisdiction over appeals based on a civil action “in which a party has asserted a compulsory counterclaim arising under any Act of Congress relating to patents.”...more

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