Federal Circuit Lacks Jurisdiction Over Walker Process Patent Fraud Claim
Mealey's (February 12, 2018, 1:11 PM EST) -- WASHINGTON, D.C. — Allegations that a patent owner violated Section 2 of the Sherman Act, 15 U.S.C. § 2, and Sections 4 and 6 of the Clayton Act, 15 U.S.C. §§ 4, 6, by committing fraud upon the U.S. Patent and Trademark Office (PTO) should proceed in the Fifth Circuit U.S. Court of Appeals, the Federal Circuit U.S. Court of Appeals ruled Feb. 9 (Xitronix Corporation v. KLA-Tencor Corporation, No. 16-2746, Fed. Cir.).
(Decision available. Document #16-180220-039Z.)
The appellate panel of Circuit Judges Kimberly A. Moore,...