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Article: The Federal Circuit's "Exclusive" Jurisdiction Ain't So Exclusive.
- Article from:
- Mondaq Business Briefing
- Article date:
- March 17, 2003
CopyrightCOPYRIGHT 2003 Mondaq Ltd. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
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Reprinted with permission from the IP Litigator, October 2002. Published by Aspen Law & Business.
The United States Court of Appeals for the Federal Circuit stands unique among federal appellate courts because the subject matter of the lawsuit, rather than the geographic location of the district court, governs its power to hear an appeal. Under the controlling statute, 28 U.S.C. [section] 1295(a), the Federal Circuit has exclusive jurisdiction of a final decision of a district court where the district court had jurisdiction because the judgment involved a claim that arose under the Patent Act.
At first glance [section] 1295(a) appears to vest in the ...