United States Federal Circuit
Lab. Corp. of Am. Holdings v. Metabolite Labs., Inc., 08-1597
In an action for a declaratory judgment that plaintiff did not breach a license agreement for failure to pay know-how royalties on homocysteine assays performed after judgment had been entered in a prior patent infringement and breach of contract action, defendant's appeal from summary judgment for plaintiff is transferred to the Tenth Circuit as: 1) the present cause of action does not arise under federal patent law nor does defendant's right to relief necessarily depend on resolution of a substantial question of federal patent law, and thus, this court does not have jurisdiction over the appeal; and 2) this action is a state law contract dispute over know-how royalties brought pursuant to the district court's diversity jurisdiction.
Appellate Information
- Decided 03/11/2010
- Published 03/11/2010
Judges
Court
- United States Federal Circuit