United States Federal Circuit

In an action claiming fraud and breach of contract arising out of an agreement to license a patent for the manufacture of hard disk drives, dismissal for lack of subject-matter jurisdiction is affirmed where: 1) the patent exhaustion doctrine is a defense to patent infringement, not a cause of action, and plaintiff's claims regarding patent exhaustion therefore did not "arise under" the patent laws; and 2) plaintiff's claims did not require resolution of a substantial question of federal law sufficient to confer federal jurisdiction.

Appellate Information

• Decided 09/16/2008
• Published 09/16/2008

Judges

• LOURIE, Circuit Judge., Before MAYER, LOURIE, and SCHALL, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Nhan T. Vu, Willenken Wilson Loh & Lieb, LLP, of Los Angeles, CA, argued for plaintiffs-appellants.   With him on the brief was Jason H. Wilson.


• For Appellees:
  
• Leonard Friedman, Welsh & Katz, Ltd., of Chicago, IL, argued for defendant-appellee.   With him on the brief were Jerold B. Schnayer and Philip D. Segrest, Jr.