1. Federal Circuit Holds Sway in Patent Appeals.
- Author
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Dobin, David E.
- Subjects
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PATENT suits , *SUBJECT matter jurisdiction (Law) , *LEGAL judgments , *CIVIL procedure , *PATENT law - Abstract
A recent decision by a federal appeals court highlights the exclusive jurisdiction of the U.S. Court of Appeals for the Federal Circuit over discovery-related disputes in patent cases. In the case of Fraunhofer-Gesellschaft Zur Forderung Der Angewand v. Sirius XM Radio Inc., the plaintiff filed a patent infringement lawsuit in the U.S. District Court for the District of Delaware and subpoenaed a former employee of the defendant who resided in the Washington, D.C., area. The witness filed a motion to quash the subpoena, and the plaintiff responded with a cross-motion to compel the witness's testimony. The D.C. Circuit dismissed the appeal, stating that the Federal Circuit has exclusive jurisdiction over discovery proceedings ancillary to a patent suit. This decision has implications for lawyers working on patent-related cases, as they need to be aware of the Federal Circuit's stance on discovery disputes. [Extracted from the article]
- Published
- 2024