Legal Opinion
Hunter Douglas, Inc. v. Harmonic Design, Inc.
Court of Appeals for the Federal Circuit
Decided August 18, 1998No. Nos. 97-1399, 97-1499, 97-1533PublishedCited by 92 opinions
1Opinion of the Court
CLEVENGER, Circuit Judge.
In this appeal, we consider to what extent federal patent law preempts state law causes of action prohibiting tortious activities in the marketplace, when to prevail on them, the plaintiff must prove that a United States patent is either invalid or unenforceable. In addition, we consider whether, under 28 U.S.C. § 1338, such state law causes of action arise under federal patent law for purposes of exclusive federal jurisdiction over them. We understand section 1338(a), as construed by both the U.S. Supreme Court and this court, to mandate that federal courts have…
2Cases cited81 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Valley Forge Christian College v. Americans United for Separation of Church and State, Inc.Supreme Court of the United States · 1982
- M'culloch v. State of MarylandSupreme Court of the United States · 1819
76 more not listed; retrieve them via the Exa API.
3Cited by92 opinions
- Midwest Industries, Inc. v. Karavan Trailers, Inc.Court of Appeals for the Federal Circuit · 1999
- 3D Systems, Inc. v. Aarotech Laboratories, Inc., Aaroflex, Inc. And Albert C. YoungCourt of Appeals for the Federal Circuit · 1998
- Zenith Electronics Corporation, and Elo Touchsystems, Inc. v. Exzec, Inc.Court of Appeals for the Federal Circuit · 1999
- Globetrotter Software, Inc. v. Elan Computer Group, Inc.Court of Appeals for the Federal Circuit · 2004
- Mikohn Gaming Corporation v. Acres Gaming, Inc.Court of Appeals for the Federal Circuit · 1998
87 more not listed; retrieve them via the Exa API.