Riker Laboratories, Inc., a Corporation of Delaware v. Gist-Brocades N. v. a Corporation of the Netherlands

Opinion for the Court filed by Circuit Judge MacKINNON.

MacKINNON, Circuit Judge.

The major issue in this appeal is whether 35 U.S.C. § 293 confers personal jurisdiction over a foreign patentee when allegations of patent misuse are made. We hold that the statute does, and reverse the determination of the district court dismissing the action for lack of personal jurisdiction. We also find that subject matter jurisdiction exists to support consideration of the antitrust claims and direct the district court, on remand, to determine whether its pendent jurisdiction should be exercised to consider…