Legal Opinion

Kennedy v. Wright

Court of Appeals for the Seventh Circuit

Decided July 12, 1988No. 88-1483PublishedCited by 25 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

May a question “arise under” the patent laws, thus creating federal jurisdiction in the district court, but not “arise under” the patent laws for purposes of appellate jurisdiction? This is the question we must answer. No other court has faced it yet. Christianson v. Colt Industries Operating Corp., — U.S. —, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988), holds that jurisdiction under the patent laws in the district court is a necessary condition of the Federal Circuit’s appellate jurisdiction. Is it also a sufficient condition? Two Justices in Christianson said no, id. —…

2Cases cited30 opinions

  1. Franchise Tax Bd. of Cal. v. Construction Laborers Vacation Trust for Southern Cal.Supreme Court of the United States · 1983
  2. Christianson v. Colt Industries Operating Corp.Supreme Court of the United States · 1988
  3. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  4. Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
  5. Budinich v. Becton Dickinson & Co.Supreme Court of the United States · 1988

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3Cited by25 opinions

  1. ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
  2. Donald Hoagland, as Receiver of Midwest Transit, Inc. v. Sandberg, Phoenix & Von Gontard, P.C.Court of Appeals for the Seventh Circuit · 2004
  3. Affymax, Inc. v. Ortho-McNeil-Janssen Pharmaceuticals, Inc.Court of Appeals for the Seventh Circuit · 2011
  4. Dawn Equipment Company, Plaintiff-Counterclaim and James H. Bassett, Counterclaim v. Micro-Trak Systems, IncorporatedCourt of Appeals for the Seventh Circuit · 1999
  5. Cedrick Holmes v. Stephen D. Fisher and County of MacOn IllinoisCourt of Appeals for the Seventh Circuit · 1988

20 more not listed; retrieve them via the Exa API.

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