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Palo Alto Networks' unusual bid to drive its patent battle with rival Juniper Networks into state court has fallen short.
Last month, Santa Clara County Superior Court Judge James Kleinberg threw out the suit filed in September by lawyers at Morrison & Foerster (MoFo) under doctrines of federal supremacy and California's anti-SLAPP law.
Palo Alto Networks (PAN) had filed the state court case to challenge Juniper's use of the so-called assignor estoppel doctrine in a pending patent suit in Delaware. See, “In Patent Feud, MoFo Goes on the Attack,” The Recorder. The doctrine, a long-standing tenet of patent law, holds that a patent's former owner cannot later challenge its validity. PAN's lead lawyers, MoFo partners Michael Jacobs and Harold McElhinny, argued that assignor estoppel runs afoul of California's broad non-compete laws.
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