Legal Opinion

Xitronix Corporation v. KLA-Tencor Corporation

Court of Appeals for the Fifth Circuit

Decided February 15, 2019No. 18-50114PublishedCited by 26 opinions

1Opinion of the Court

STEPHEN A. HIGGINSON, Circuit Judge:

The substantive issue in this appeal is whether a jury should hear Xitronix Corporation's claim that KLA-Tencor Corporation violated the Sherman Act's prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office ("PTO"). What must first be decided, however, is whether we can reach that issue despite the Federal Circuit's exclusive jurisdiction over cases arising under federal patent law. That court transferred this case to us, but we find it implausible that we are the proper court to decide this appeal. With…

2Cases cited36 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. Steel Co. v. Citizens for a Better EnvironmentSupreme Court of the United States · 1998
  3. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  4. Gunn v. MintonSupreme Court of the United States · 2013
  5. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988

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3Cited by26 opinions

  1. Douglass v. Nippon Yusen KabushikiCourt of Appeals for the Fifth Circuit · 2022
  2. Chandler v. Phoenix Services LLCCourt of Appeals for the Federal Circuit · 2021
  3. Griham v. United StatesDistrict Court, N.D. Alabama · 2019
  4. Chandler v. Phoenix ServicesCourt of Appeals for the Fifth Circuit · 2022
  5. AEP Excluded AssetCo, LLC v. Bellanergy, LLCDistrict Court, S.D. Texas · 2024

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