Apple and Motorola Fight over Patent Jurisdiction

Submitted by patentadmin on Mon, 03/04/2013 - 21:02

March 4, 2013 - After the U.S. Supreme Court found in Gunn et al v. Minton that a legal claim of patent malpractice was not covered by federal law and could be handled by a state court, Motorola Mobility is pushing for Apple's appeal before the Court of Appeals for the Federal Circuit (CAFC) to be dismissed on the grounds that the CAFC lacks jurisdiction.

Apple argues that the fact that its patent unenforceability claims were dismissed without prejudice does not mean the CAFC lacks jurisdiction, because even if it re-files its claims, it would not be in the same position as before the lawsuit.