United States Federal Circuit

A decision assuming supplemental subject matter jurisdiction over plaintiff's foreign patent infringement claims is reversed where the district court abused its discretion in exercising jurisdiction as it undertook none of the requisite analysis regarding several reasons which would compel it to decline such jurisdiction including: limitations imposed by treaties and considerations of comity, judicial economy, convenience, and fairness.

Appellate Information

• Decided 02/01/2007
• Published 02/01/2007

Judges

• GAJARSA, Circuit Judge., Before NEWMAN, GAJARSA, and PROST, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• William C. Rooklidge, Howrey LLP, of Irvine, California, for amicus curiae American Intellectual Property Law Association.   With him on the brief were Christopher J. Kelly, Mayer, Brown, Rowe & Maw LLP, of Washington, DC;  and Claudia Wilson Frost and Sharon A. Israel, of Houston, TX., William M. Atkinson, Alston & Bird LLP, of Charlotte, NC, for amicus curiae The Federal Circuit Bar Association.   With him on the brief was Charles F. Schill, The Federal Circuit Bar Association, of Washington, DC., Scott R. McIntosh, Attorney, Appellate Staff, Civil Division, United States Department of Justice, of Washington, DC, for amicus curiae United States.   With him on the brief were Peter D. Keisler, Assistant Attorney General.   Of counsel on the brief were James A. Toupin, General Counsel, John M. Whealan, Solicitor, Cynthia C. Lynch and Joseph G. Piccolo, Associate Solicitors, United States Patent and Trademark Office, of Arlington, VA., George L. Graff, Paul, Hastings, Janofsky & Walker LLP, of New York, NY, for amicus curiae Intellectual Property Owners Association. With him on the brief were J. Jeffrey Hawley, Intellectual Property Owners Association, of Washington, DC, and Douglas K. Norman, Eli Lilly and Company, of Indianapolis, Indiana.   Of counsel was Herbert C. Wamsley, Intellectual Property Owners Association, of Washington, DC., John R. Thomas, Georgetown University Law Center, of Washington, DC, for amici curiae Law Professors.


• For Appellees:
  
• Mitchell G. Stockwell, Kilpatrick Stockton LLP, of Atlanta, GA, argued for plaintiff-appellee.   With him on the brief was Jonathan K. Waldrop.   Of counsel was John A. Kenney, McAfee & Taft, of Oklahoma City, OK., John M. DiMatteo, Willkie Farr & Gallagher LLP, of New York, NY, argued for defendant-appellant.   With him on the brief were Kelsey I. Nix and Diane C. Ragosa.