United States Federal Circuit

In an appeal from a judgment of the trial court dismissing plaintiff's Lanham Act and other related causes of action for lack of subject matter jurisdiction, 28 U.S.C. section 1500, judgment is: 1) affirmed where counts I and II of the plaintiff's complaint arise from the same operative facts as claims previously asserted in federal district court by plaintiff; but 2) reversed where the court erred in dismissing plaintiff's second count, as that count does not does not arise from substantially the same operative facts as the district court claims.

Appellate Information

• Decided 10/14/2011
• Published 10/14/2011

Judges

• O’MALLEY

Court

• United States Federal Circuit

Counsel