Federal Circuit Jurisdiction Extends to Non-Patent Portion of Consolidated Case

Cytologix Corp. v. Ventana Medical Systems (1st Cir. 2008).

CytoLogic filed two separate lawsuits against Ventana — alleging (1) patent infringement and (2) antitrust violations.  Both cases were managed by the same judge who held two trials. In a post trial order, the court stated that the cases had been informally consolidated and ordered that they be consolidated “nunc pro tunc.” CytoLogix appealed to the First Circuit (and also to the Federal Circuit).

The Court of Appeals for the Federal Circuit has exclusive jurisdiction over all appeals arising under the federal patent laws.  Here, the antitrust action did not arise under the patent laws. However, the First Circuit held that upon consolidation, jurisdiction for the case as a whole was at least partially based on the patent laws — thus providing the Federal Circuit with exclusive jurisdiction over the appeal.

Appeal dismissed.

  • Note: The parties have subsequently settled.
  • Cite: 513 F.3d 271.