Federal Circuit sends Walker-Process* Antitrust Litigation to Fifth Circuit. The case arose under antitrust law, not patent law. Chandler v. Phoenix (2021).
* antitrust claim based upon enforcement of patent procured by fraud. 382 U.S. 172 (1965).https://t.co/X2C2cxkrWM pic.twitter.com/AJElMcZhjS
— Dennis Crouch (@patentlyo) June 10, 2021
Google v. Oracle was appealed to the Federal Circuit because the case included patent claims (that were not appealed). The patent claims went to trial and Oracle lost.
Q: Still a patent case if the patent claims had been dismissed on 12(b)(6) for failure to state a claim?
— Dennis Crouch (@patentlyo) June 10, 2021
The title of this blog appears to invoke a “six of one or a half dozen of another” type of semantics….
When dealing with Walker Process claims, that is a good description of it. It’s not always clear what “arising under” means. In patent terms, I would call it invalid as being indefinite.
The p. 1 footnote indicates one Fed. Cir. Judge took senior status in May. Presumably creating a Biden CAFC appointment opportunity?
This unsurprising Fed. Cir. re-transfer back to the 5th Cir. does not discuss the status of this suit in the N.TX D.C. below. That suit appears ready to proceed to trial as to two of the defendants who survived pre-trial motions?
P.S. Dennis, posting a Bluebird tweet as here prevents MS 10 cut & past functioning from either the post or its case link.
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