Case Notes: The Holmes Group, Inc. v. Wornado Air Circulation Systems, Inc.
October 1, 2002Arun Chandra
A significant portion of the patent bar was caught off-guard when the Supreme Court recently ruled that the Court of Appeals for the Federal Circuit (hereinafter “Federal Circuit”) cannot assert jurisdiction over a case in which the plaintiff does not assert a patent claim. Consequently, a defendant’s original counterclaim for patent infringement is insufficient to bring the case within the appellate jurisdiction of the Federal Circuit and all appeals must be taken to the regional Court of Appeals that reviews decisions from the
district court where the case is tried.