Legal Opinion

MDS (Canada) Inc. v. Rad Source Technologies, Inc.

Court of Appeals for the Eleventh Circuit

Decided July 1, 2013No. 11-15145PublishedCited by 56 opinions

1Per curiam

This appeal presents a jurisdictional issue of first impression in our Court: whether the Federal Circuit has exclusive jurisdiction to hear an appeal of a breach *838of contract claim that would require the resolution of a claim of patent infringement for the complainant to succeed. We conclude that this Court does have appellate jurisdiction. We then address the merits of this breach of contract claim, discuss the district court’s findings of facts and conclusions of law after the bench trial, and affirm in part and certify a question to the Florida Supreme Court.

I. BACKGROUND

Rad Source…

2Cases cited38 opinions

  1. MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al.Supreme Court of the United States · 1996
  2. Edward H. Phillips v. Awh Corporation, Hopeman Brothers, Inc., and Lofton Corporation, Defendants-CrossCourt of Appeals for the Federal Circuit · 2006
  3. Gunn v. MintonSupreme Court of the United States · 2013
  4. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  5. Grable & Sons Metal Products, Inc. v. Darue Engineering & ManufacturingSupreme Court of the United States · 2005

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3Cited by56 opinions

  1. Fracasse v. People's United BankCourt of Appeals for the Second Circuit · 2014
  2. Xitronix Corporation v. KLA-Tencor CorporationCourt of Appeals for the Fifth Circuit · 2019
  3. Neurorepair, Inc. v. Nath Law GroupCourt of Appeals for the Federal Circuit · 2015
  4. Hamilton v. Suntrust Mortgage Inc.District Court, S.D. Florida · 2014
  5. Inspired Development Group v. Inspired Products Group, LLCCourt of Appeals for the Federal Circuit · 2019

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