An Insider's View Of 11th Circ. Patent Dispute Forum Case

Law360, New York (July 30, 2013, 12:42 PM EDT) -- I briefed and presented oral argument on an issue of first impression recently decided by the Eleventh Circuit, whereby the court clarified the narrow limits of 28 U.S.C. § 1338(a)'s "arising under" jurisdiction over state law claims. MDS (Canada) Inc. et al. v. Rad Source Tech. Inc., No. 11-15145, ___ F.3d ____ (11th Cir. 2013). Contrary to prior Federal Circuit precedent, the Eleventh Circuit held that even where patent law is a necessary element of one of a plaintiff's well-pleaded state law claims, if the claim does not truly involve a "substantial" question of federal patent law, original jurisdiction does not...

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