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KENNEDY v. WRIGHT

No. 88-1483.

851 F.2d 963 (1988)

Samuel F. KENNEDY and Duane D. Young, as Trustee of PF Trust No. 1, Plaintiffs-Appellants, v. Robert WRIGHT, individually and doing business as New Products, Inc., and Specialized Products, Inc., Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided July 12, 1988.

Attorney(s) appearing for the Case

Verne H. Evans, Long, Rabin & Young, Ltd., Springfield, Ill., Richard L. Wood, Welsh & Katz, Ltd., Chicago, Ill., for plaintiffs-appellants.

William E. Lahey, Senniger Powers Leavitt & Roedel, St. Louis, Mo., for defendants-appellees.

Before FLAUM, EASTERBROOK, and MANION, Circuit Judges.

EASTERBROOK, Circuit Judge.

May a question "arise under" the patent laws, thus creating federal jurisdiction in the district court, but not "arise under" the patent laws for purposes of appellate jurisdiction? This is the question we must answer. No other court has faced it yet. Christianson v. Colt Industries Operating Corp., ___ U.S. ___, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988), holds that jurisdiction under the patent laws in the district court is a necessary...

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