United States Federal Circuit

28 USC 498(a) is not jurisdictional, but provides an affirmative defense for private parties charged with patent infringement, so the district court had original jurisdiction over patent claims pursuant to 28 USC 1338(a).

Appellate Information

• Decided 06/06/2001
• Published 06/06/2001

Judges

• SCHALL, Circuit Judge., Before MAYER, Chief Judge, NEWMAN, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• E. Robert Schultz,Schultz & Little, of St. Louis, MO, argued for plaintiff-appellant.


• For Appellees:
  
• Louis F. Bonacorsi, Bryan Cave LLP, of St. Louis, MO, argued for defendants-appellees Lucent Technologies, Inc. and American Telephone and Telegraph Company., Collette G. Matzzie, Attorney, Appellate Staff, Civil Division, Department of Justice of Washington, DC, argued for defendant-appellee United States.   With her on the brief were Mark B. Stern, Attorney, Appellate Staff;  and John R. Tyler and Lisa A. Olson, Attorneys, Federal Programs Branch, Civil Division.