Forrester Environmental Services Inc. v. Wheelabrator Technologies Inc.

Case Number: CLB0302

Date: 05.16.2013

Citation: 106 U.S.P.Q.2d 1842 (Fed. Cir. 2013)

A plaintiff’s state claim may arise under federal patent law, if the question of law turns on issues of infringement, validity, and enforceability; and if there is a real prospect of inconsistent judgments between state and federal courts. However, a state claim does not arise under federal patent law, if the prospect of a potential federal-state conflict is “purely hypothetical.”

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