Newsletter
| March 2, 2010
Davis v. Brouse McDowell, L.P.A.
If the well-pleaded complaint presents multiple theories supporting a claim, that claim “may not form the basis for § 1338(a) jurisdiction unless patent law is essential to each of those theories.”
On March 2, 2010, the Federal Circuit affirmed the district court’s summary judgment dismissing Davis’ malpractice suit that had alleged the defendants’ failure to file three PCT applications relating to the IPExchange, a social networking platform targeted at intellectual property professionals and non-professionals. The defendants had removed the suit to federal district court from the Court of Common Pleas for Summit County, Ohio.
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