28 USC
1295.
(a) The United States Court of Appeals for the
Federal Circuit shall have
exclusive jurisdiction—
(1) of an appeal from a
final decision of a district court of the United States,
the District Court of
Guam, the District Court of the Virgin Islands, or the
District Court of the
Northern Mariana Islands, in any civil action arising under,
or in any civil
action in which a party has asserted a compulsory counterclaim
arising under,
any Act of Congress relating to patents or plant variety
protection;
IANAL, but my understanding is any appeal goes to
the Federal Circuit,
even if copyrights are all that are left since the action
included aspects
"arising under" the patent laws. I mean, a current
controversy is that the
Federal Circuit accepts cases involving state
legal malpractice claims
involving patent prosecution/litigation issues.
But
don't kid yourself. They'll appeal the
patent claims as well.
I don't have
a citation for this, but I also understand that the copyright
aspects will be
decided by the Federal Circuit but using 9th Circuit precedent. [ Reply to This | Parent | # ]
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