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Authored by: Anonymous on Thursday, June 21 2012 @ 10:05 AM EDT |
"That is, apparently, why it started off in the Federal Circuit."
Everything was correct except for that sentence. The case started off in
Northern California District Court, which is in the Ninth Circuit. The Federal
Circuit doesn't have any courts at the district court level. It's really just a
court of appeals. The appeals can come from any district court in the country as
long as the subject matter is appropriate.
Having any of the claims being about patents is enough. The relative importance
of the claim is not relevant. The only thing that won't work is if the case has
nothing to do with patents until the defendant throws in an unrelated
counterclaim that involves a patent. That won't work anymore because of a rule
change. Apparently, the rules were changed because of the potential for abuse.[ Reply to This | Parent | # ]
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