Sasso v. Warsaw Orthopedic Inc.
Petition for certiorari denied on June 21, 2021Linked with:
Issue: Whether this is a case “arising under” federal patent
laws under 28 U.S.C. § 1338(a) within the U.S. Court of Appeals for the Federal
Circuit’s jurisdiction under 28 U.S.C. § 1295(a)(1)
when cross-respondents chose not to remove an earlier, underlying state court breach-of-contract case
and instead litigated for four years in state court and
then, on the eve of the state court jury trial after
discovery closed, filed this federal declaratory judgment action claiming that inoperative contractual
language transformed this breach-of-contract claim
into a patent case within the exclusive jurisdiction of
the federal courts.
