|
Authored by: mattflaschen on Saturday, June 02 2012 @ 08:00 PM EDT |
I believe it will in fact go to the Federal Circuit, but they will apply
Ninth Circuit law. From the Federal Circuit's r
uling on the JMRI
case you may remember:
"Jacobsen appeals the finding that he
does not have a cause of action for copyright
infringement. Although an appeal
concerning copyright law and not patent law is rare in our
Circuit, here we
indeed possess appellate jurisdiction. In the district court,
Jacobsen’s
operative complaint against Katzer/Kamind included not only his claim
for copyright
infringement, but also claims seeking a declaratory judgment that
a patent issued to Katzer
is not infringed by Jacobsen and is invalid. Therefore
the complaint arose in part under the
patent laws. See 28 U.S.C. § 2201(a);
Golan v. Pingel Enter., 310 F.3d 1360, 1367 (Fed. Cir.
2002)"
"This Court looks to the interpretive law of
the regional circuit for issues not exclusively assigned to the Federal Circuit.
Hutchins v. Zoll Med. Corp., 492 F.3d 1377, 1383 (Fed. Cir. 2007). Under Ninth
Circuit law, [...]"
That was a very similar case in that it
involved both copyrights and a patent.
[ Reply to This | Parent | # ]
|
|
|
|
|