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The Intellectual Property StrategistKickerFeaturesSectionsNewsLJN Newsletters

Supreme Court Expands Patent Jurisdiction

By Thomas G. Slater Jr. and Tyler Maddry
October 02, 2003

The U.S. Supreme Court recently issued a decision that will have a significant impact on the uniformity of patent law. As a result of Holmes v. Vornado, 535 U.S. 826, 122 S. Ct. 1889, 62 USPQ2d 1801 (2002), many cases involving patent counterclaims will be directed away from the Federal Circuit and into the regional circuit courts of appeals. Although this decision clarifies the jurisdiction of the Federal Circuit, it does so at the expense of consistency in patent law.

The Case

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