This is a putative patent infringement case, with a twist. Before the Court this day is a defensive demurrer to all seven (7) causes of action contained within the operative First Amended Complaint. The parties are reportedly attempting to settle the matter, but nonetheless seek a ruling on the demurrer.
Federal Preemption
Defendants first contend that this entire civil action is preempted by federal jurisdiction. Pursuant to 28 USC §1338(a), “no State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents. As explained by the US Supreme Court in Christianson v. Colt Industries Operating Corp., 486 U.S. 800, 808–809 (1988), this exclusivity covers “those cases in which a well-pleaded complaint establishes either that federal patent law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal patent law, in that patent law is a necessary element of one
Hearing Date
September 20, 2018
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This is a putative patent infringement case, with a twist. Before the Court this day is a defensive demurrer to all seven (7) causes of action contained within the operative First Amended Complaint. The parties are reportedly attempting to settle the matter, but nonetheless seek a ruling on the demurrer.
Federal Preemption
Defendants first contend that this entire civil action is preempted by federal jurisdiction. Pursuant to 28 USC §1338(a), “no State court shall have jurisdiction over any claim for relief arising under any Act of Congress relating to patents. As explained by the US Supreme Court in Christianson v. Colt Industries Operating Corp., 486 U.S. 800, 808–809 (1988), this exclusivity covers “those cases in which a well-pleaded complaint establishes either that federal patent law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal patent law, in that patent law is a necessary element of one