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Sasso v. Warsaw Orthopedic Inc.

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
20-1452 Fed. Cir. TBD TBD TBD TBD TBD

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.

DateProceedings and Orders (key to color coding)
Apr 14 2021Petition for a writ of certiorari filed. (Response due May 17, 2021)