Grüneberg and Myers - Intellectual Property Law


News and Recent Developments

A Change to Exclusive Jurisdiction Over Patent Cases by the Fed. Cir.

The Fed. Cir. has denied Xitronix Corp's petition for rehearing en banc of their decision in Xitronix Corp v. KLA-Tencor Corp to transfer the appeal to the Fifth Circuit holding that the Fed. Cir. does not have jurisdiction over an asserted Walker Process antitrust claim based on alleged fraudulent procurement of a patent. Circuit Judges Newman and Lourie dissented, Judge Newman writing that the panel decision removes Fed. Cir. jurisdiction over Walker Process claims and challenges Fed. Cir. jurisdiction of all appeals where the complaint includes non-patent issues and that such jurisdictional change should be considered en banc. 

Richard Chinn