US EditionJurisdictional Boundaries in Patent Licensing Disputes: Misuse Counterclaim Creates CAFC Jurisdiction
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Jurisdictional Boundaries in Patent Licensing Disputes: Misuse Counterclaim Creates CAFC Jurisdiction
by Dennis Crouch I was researching my recent Brulotte / Kimble post and stumbled across a new decision from the Fourth Circuit ceding appellate jurisdiction to the Federal Circuit based upon a defendant's assertion of a patent misuse defense (in the form of a counterclaim) after being sued for breach of contract. In Honeywell International Inc. v. OPTO Electronics Co., Ltd., --- F.4th ----, 2025 WL 1226294 (4th Cir. Apr. 29, 2025), the Fourth Ci…
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