Analysis

Justices' Cert Denial Won't Quell Circuit 'Pingpong' Matches

By Bryan Koenig (October 18, 2019, 8:05 PM EDT) -- The U.S. Supreme Court's refusal earlier this month to consider an electronics manufacturer's appeal finally put an end to an antitrust suit alleging patent fraud, but experts say it may have done little to head off similar jurisdictional "pingpong" matches that bounce cases between the Federal Circuit and other appellate courts.

At its most basic level, the justices' decision to deny Xitronix Corp. certiorari means the company no longer has any chance of reviving allegations that KLA-Tencor Corp. fraudulently obtained a semiconductor measurement system patent. The Federal Circuit had affirmed the dismissal of Xitronix's antitrust suit in May, but only after reluctantly...

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