Re: Any news on College Savings Bank oral arguments?

On Thu, 22 Apr 1999, Mark Lemley <mlemley[_at_]mail.law.utexas.edu> wrote:
>
> There was quite a good report on Wednesday in the New York Times.
> Several of the conservative justices seemed to be of the opinion that
> banning suit in federal court wasn't too troubling, especially if the
> state provided a remedy in its courts.

But how, exactly, would that be done? Presently, the Federal Courts have exclusive jurisdiction over Patent claims under the Act, and the Federal Circuit has exclusive appellate jurisdiction. Admittedly, this is merely a prejudice arising from some degree of comfort with the status quo, but the entire thing seems unworkable. State court judges would seem ill-equipped to handle the unfamiliar and complex patent claims, and worse, the prospect of assorted State appellate court patent cases brings back the spectre of a Pre-Federal Circuit forum-shopping nightmare.

Would there be an exception just for claims including state defendants? What happens when Plaintiff sues Defendant for infringement and the Defendant attempts to implead a State? Could a Plaintiff bring suit against non-state defendants in a jurisdiction with favorable state appellate court opinions just by joining the state?

*shudder* One of the few virtues of practicing patent litigation is the compactness (certainly not the consistency) of the body of law addressing the subject matter -- its all Federal Circuit. Would all that go bye-bye?

Andrew C. Greenberg
<werdna[_at_]gate.net> Received on Fri Apr 23 1999 - 11:52:26 GMT