wonder if this may help in the future
in a separate decision, the Supreme Court limited the jurisdictional reach of the federal court that reviews patent disputes.
The case involves a 1999 complaint filed by Vornado Air Circulation Systems Inc. charging that the spiral grill design in fans and grills sold by
Holmes Group Inc. infringed Vornado's patent. Holmes countered with a suit in U.S. district court in Kansas, seeking a judgment that its product
didn't infringe and an order stopping Vornado from making such charges. When Holmes prevailed in court, Vornado appealed to the Court of
Appeals for the Federal Circuit, which reviews patent disputes, instead of appealing to the U.S. Court of Appeals for the 10th Circuit, in Denver,
which would have had regional jurisdiction.
In a setback for Vornado, which had lost a similar case in the Denver appeals court, the Supreme Court ruled that because Holmes's countersuit
wasn't about patents, the appeal couldn't go to the Federal Circuit court. As a result, "forum shopping" by companies involved in such legal actions
has been reduced.
"The appellate jurisdiction of the federal circuit has been greatly contracted and those of the regional circuits expanded," said James Dabney, a
lawyer who represented Holmes. "This decision will result in a major change in the way combined patent and nonpatent cases are handled on
appeal," he added. (Holmes vs. Vornado) |
