Intellectual Property News and Reports

The substantive issue in this appeal is whether a jury should hear Xitronix Corporation’s claim that KLA-Tencor Corporation violated the Sherman Act’s prohibition of monopolies by obtaining a patent through a fraud on the U.S. Patent and Trademark Office (“PTO”). What must first be decided, however, is whether we can reach that issue despite the Federal Circuit’s exclusive jurisdiction over cases arising under federal patent law. That court transferred this case to us, but we find it implausible that we are the proper court to decide this appeal. With respect, therefore, we transfer it to the U.S. Court of Appeals for the Federal Circuit.

Download Xitronix Corp. v. KLA-Tencor Corp.