Legal Opinion
Caldera Pharmaceuticals, Inc. v. Regents of the University
California Court of Appeal
Decided April 24, 2012No. A129727PublishedCited by 9 opinions
1Opinion of the Court
Opinion
RICHMAN, J.
Federal courts have exclusive jurisdiction to try suits that are based on patents, which are themselves a creature of the federal Constitution. The appearance of a patent in state court is more than likely to unsettle lawyers and judges because, as one academic commentator observed; “Patents scare many lawyers. Mental charts of the law are apt to designate this unexplored territory as a federal enclave, peopled by dragons and serpents of purely federal origin.” (Cooper, State Law of Patent Exploitation (1972) 56 Minn. L.Rev. 313.) Even federal judges can be uneasy. One of…
2Cases cited93 opinions
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
- Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
- Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
- Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005
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3Cited by9 opinions
- In re Cipro Cases I & IICalifornia Supreme Court · 2015
- Marin Ass'n of Public Employees v. Marin County Employees' Retirement Ass'nCalifornia Court of Appeal · 2016
- Alterra Excess & Surplus v. Estate of Buckminster FullerCalifornia Court of Appeal · 2015
- Ellis v. U.S. Security AssociatesCalifornia Court of Appeal · 2014
- Corona v. Goodland Holdings CA2/4California Court of Appeal · 2014
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