Retaining Federal Jurisdiction After Fed. Circ. License Ruling

Law360 (November 7, 2019, 1:54 PM EST) -- Johnny Cash’s famous “I Walk the Line”[1] song draws a line emphasizing how difficult it can be to stay faithful with temptations “on the road” as the singer travels on tour. Similarly, patent license drafters and litigators can find it difficult to walk the line between federal and state jurisdiction when drafting license agreements and framing disputes for court.

The recent U.S. Court of Appeals for the Federal Circuit case of Inspired Development Group LLC vs. Inspired Products Group LLC[2] illustrates that this jurisdictional line, similar to the meandering line Johnny Cash attempted to walk, may not always be straight....

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