Partner Stephen Larson was quoted in Law360’s Competition Law discussing the Supreme Court’s decision to deny certiorari in Xitronix v. KLA Tencor, a case involving a jurisdictional “ping-pong” match between the Federal Circuit and another appellate court over a Walker Process antitrust claim alleging fraud before the USPTO. Stephen mentions that the Supreme Court’s failure to grant certiorari creates uncertainty regarding which court will decide these appeals and may enable litigants to engage in forum shopping.
Excerpt: The U.S. Supreme Court’s refusal earlier this month to consider an electronics manufacturer’s appeal finally put an end to an antitrust suit alleging patent fraud, but experts say it may have done little to head off similar jurisdictional “pingpong” matches that bounce cases between the Federal Circuit and other appellate courts.
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