United States First Circuit

In a consolidated suit involving patent and antitrust claims, appellee's motion to dismiss is granted where the Court of Appeals for the Federal Circuit has exclusive jurisdiction over the subject matter and an identical appeal was already pending before that court. Motion for sanctions is denied where appellant's behavior was not so frivolous as to warrant sanctions under Rule 38 of the Federal Rules of Appellate Procedure.

Appellate Information

• Decided 01/17/2008
• Published 01/17/2008

Judges

• PER CURIAM., Before TORRUELLA, Circuit Judge, SELYA, Senior Circuit Judge, and LIPEZ, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellees:
  
• Jack R. Pirozzolo, Sarah Cooleybeck and Foley Hoag LLP, on response to appellee's motion to dismiss and appellant's cross-motion to transfer, for appellant., Todd M. McGrath, Seyfarth Shaw LLP, Michael P. Foradas, Mark A. Pals and Kirkland & Ellis LLP, on motion to dismiss, for appellee.