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It would go to the Federal Circuit. | 697 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
It would go to the Federal Circuit.
Authored by: Anonymous on Tuesday, May 08 2012 @ 05:29 PM EDT

In general, what you describe is a valid way to determine which circuit court would hear an appeal. However, Congress, in its wisdom, gave exclusive jurisdiction over any case which raises an issue arising under the US patent laws to a special appeals court located in Washington, DC (right by the White House actually), namely the Federal Circuit. This means that any appeals go there. I think, actually, that they already have, as I believe that Google already brought an interlocutory appeal over the Linholm email issue.

Furthermore, I think (but am not sure), that though the Federal Circuit would hear the case, they would use 9th Circuit precedents for non-patent aspects of the case (ie, copyrights), since the court currently hearing the case is based in the 9th Circuit.

[ Reply to This | Parent | # ]

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