Saturday, March 13, 2010

CAFC tosses Metabolite appeal to CA10

The CAFC noted:

Because the present cause of
action does not arise under federal patent law nor does Metabolite’s right to relief
necessarily depend on resolution of a substantial question of federal patent law, this
court does not have jurisdiction over this appeal. The action is a state law contract
dispute over know-how royalties brought pursuant to the district court’s diversity
jurisdiction. Therefore, we transfer the appeal to the United States Court of Appeals for
the Tenth Circuit.


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