No. 20-313

Acer America Corporation, et al. v. Intellisoft, Ltd., et al.

Lower Court: Federal Circuit
Docketed: 2020-09-10
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: 28-usc-1451 claim-construction federal-jurisdiction gunn-v-minton inventorship patent-law removal removal-jurisdiction trade-secret
Key Terms:
Securities TradeSecret Patent Copyright Trademark Privacy JusticiabilityDoctri Jurisdiction
Latest Conference: 2020-10-09
Question Presented (AI Summary)

Where Plaintiffs' theories of trade secret ownership, misappropriation, and damages depend on deciding the patent law issues of inventorship, claim construction, and infringement, does Plaintiffs' claim 'necessarily arise,' under Gunn v. Minton, 568 U.S. 251, 258 (2013), from patent law, thereby justifying removal under 28 U.S.C. §1451

Question Presented (OCR Extract)

QUESTIONS PRESENTED (1) Where Plaintiffs’ theories of trade secret ownership, misappropriation, and damages depend on deciding the patent law issues of inventorship, claim construction, and infringement, does Plaintiffs’ claim “necessarily arise,” under Gunn v. Minton, 568 U.S. 251, 258 (2013), from patent law, thereby justifying removal under 28 U.S.C. §1451, of the claim to district court? (2) May a state court control jurisdiction over a federal patent law claim and removal under 28 U.S.C. §1454 by declining to make the notice of removal “operative” under state court procedures in contravention to Congress’ intent as implemented in the American Invents Act and risking uniformity in application of patent law principles? ep)

Docket Entries

2020-10-13
Petition DENIED.
2020-09-16
DISTRIBUTED for Conference of 10/9/2020.
2020-09-11
Waiver of right of respondent Intellisoft Ltd., et al. to respond filed.
2020-09-04
Petition for a writ of certiorari filed. (Response due October 13, 2020)

Attorneys

Acer America Corporation, et al.
Ian C. BallonGreenberg Traurig LLP, Petitioner
Intellisoft Ltd., et al.
Aaron M. PannerKellogg, Hansen, Todd, Figel & Frederick, P.L.L.C., Respondent