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Expert Analysis

Courts May Be Applying Gunn V. Minton Improperly

Law360, New York (November 13, 2014, 10:24 AM EST) -- One long-standing feature of the U.S. patent system is exclusive court jurisdiction over patent cases. Exclusive federal jurisdiction at the trial level, combined with the U.S. Court of Appeals for the Federal Circuit's exclusive jurisdiction over patent appeals, helps to ensure the uniform application of patent law nationwide. Since the U.S. Supreme Court's 2013 ruling in Gunn v. Minton,[1] however, an increasing number of patent issues are being decided in state courts and regional courts of appeal. This trend appears to be at odds with the system envisioned by Congress, and results from apparent misapplications of Gunn....

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