On the Rocks
May 13, 2008
We'll give it to you neat. LiteCubes, LLC v. Northern Light Products, Inc. holds that section 271 of the patent statute does not contain that requirement for the federal courts' subject matter jurisdiction. Rather, section 271 states a necessary element of a claim for patent infringement. According to the Federal Circuit's top shelf opinion, a complaint which sufficiently pleads a cause of action under the patent statute establishes federal subject matter jurisdiction regardless of the success or failure of the patent holder in establishing that claim. In other words, establishing subject matter jurisdiction and establishing an infringing act are separate endeavors that patent litigants should not mix.
Click here to read the full article from APaTS: Advanced Patent Trial Strategies.
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