June 16, 2021
Authored and Edited by Caitlin E. O'Connell; Elizabeth D. Ferrill; Priyesh Patel*
In Chandler v. Phoenix Services LLC, No. 2020-1848 (Fed. Cir. June 10, 2021), the Federal Circuit transferred the case to the United States Court of Appeals for the Fifth Circuit finding that it lacked jurisdiction.
Chandler brought a Walker Process claim based on Phoenix’s assertion of U.S. Patent No. 8,171,993, which was held unenforceable due to inequitable conduct. On appeal, the Federal Circuit held that it lacked jurisdiction over the appeal because the action did not “arise under” an “Act of Congress relating to patents” as required by 28 U.S.C. § 1295(a)(1). The Court explained that a case “relates” to patent law if (1) federal patent law gives rise to the cause of action or (2) the plaintiff’s right to relief did not necessarily depend on a substantial question of federal patent law. Here, Chandler’s claim arose under the Sherman Act and resolution of the issue did not depend on resolution of a substantial question of patent law. While not determinative of the issue, the Court found it significant that the patent at issue had already been ruled unenforceable.
United States Court of Appeals for the Federal Circuit (CAFC), antitrust, Walker Process, Sherman Act
*Priyesh Patel is a Summer Associate at Finnegan.
Copyright © 2021 Finnegan, Henderson, Farabow, Garrett & Dunner, LLP.
DISCLAIMER: Although we wish to hear from you, information exchanged in this blog cannot and does not create an attorney-client relationship. Please do not post any information that you consider to be personal or confidential. If you wish for Finnegan, Henderson, Farabow, Garrett & Dunner, LLP to consider representing you, in order to establish an attorney-client relationship you must first enter a written representation agreement with Finnegan. Contact us for additional information. One of our lawyers will be happy to discuss the possibility of representation with you. Additional disclaimer information.
Lecture
Patent Protection for Software-Related Inventions in Europe and the USA Training Course
June 5, 2024
Hybrid
Workshop
Life Sciences Workshop: Updates and Key Trends in Pharmaceutical and Biotechnology IP Law
May 2, 2024
Cambridge
At the PTAB Blog
USPTO Releases Notice of Proposed Rule Making Codifying Several Precedential Case Factors
April 25, 2024
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.
We use cookies on this website to provide you with the best user experience. By accepting cookies, you agree to our use of cookies. Please note that if you opt not to accept or if you disable cookies, the “Your Finnegan” feature on this website will be disabled as well. For more information on how we use cookies, please see our Privacy Policy.
Finnegan is thrilled to announce the launch of our new blog, Ad Law Buzz, devoted solely to breaking news, developments, trends, and analysis in advertising law.