Results for well-pleaded complaint

Robert D. Thompson v. Microsoft Corporation

Case Number: CLB0151

Date: 12.08.2006

Federal Circuit held that it lacked jurisdiction over an appeal from U.S. District Court under 28 U.S.C. § 1338 via § 1295(a)(1) because [1] federal patent law did not create the cause of action; and [2] the plaintiff’s right to relief did not necessarily depend on resolution of a substantial question of federal patent law, in that patent law was not a necessary element of one of the well-pleaded complaints.

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