United States Federal Circuit

An appeal from a dismissal of an unjust enrichment claim against Microsoft Corporation, based on its alleged misappropriation of plaintiff's software, is transferred to the Sixth Circuit, as this court lacks jurisdiction over the matter because the district court's jurisdiction did not "arise under" the patent laws as contemplated in 28 U.S.C. section 1338, and Microsoft's defense on preemption grounds did not provide jurisdiction over the appeal.

Appellate Information

• Decided 12/08/2006
• Published 12/08/2006

Judges

• LINN, Circuit Judge., Before MAYER, BRYSON, and LINN, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Andrew Kochanowski, Sommers Schwartz, P.C., of Southfield, MI, argued for plaintiff-appellant.


• For Appellees:
  
• Constantine L. Trela, Jr., Sidley Austin, LLP, of Chicago, IL, argued for defendant-appellee.   Of counsel on the brief were William A. Sankbeil and Fred K. Herrmann, Kerr, Russell and Weber, PLC of Detroit, MI.