Federal Circuit Follows Supreme Court in Holmes

Author:Ms Mary Chapin
Profession:McDermott Will & Emery

The U.S. Court of Appeals for the Federal Circuit held that the recent Supreme Court decision in Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc., (IP Update, Vol. 5, No. 6) dissolves its jurisdiction over an appeal where jurisdiction was previously predicated on a patent infringement counterclaim. Telecomm Technical Services, Inc. v. Siemens Rolm Communications, Inc., Case No. 00-1579, -1580 (July 2, 2002).

Telcomm appealed from a district court judgment granting Rolm summary judgment on Telcomm's monopolization and attempted monopolization claims under the Sherman Act and denying class certification on the antitrust claim. Telecomm also challenged Rolm's standing to bring its patent and copyright infringement counterclaims, which had resulted in a jury verdict of patent and copyright infringement in favor of Rolm. Rolm cross-appealed the district court's summary judgment denial of its computer copying counterclaim under 17 U.S.C. ß 117.

The Federal Circuit acknowledged that its jurisdiction for the case as originally filed was predicated on Rolm's patent infringement counterclaim. Because of the intervening Supreme Court decision in Holmes, which held that the Federal Circuit cannot assert jurisdiction over a case in...

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