GJERLOV v. SCHUYLER LABORATORIES, INC.

No. 97-1089.

131 F.3d 1016 (1997)

Mogens GJERLOV and Jacob Verschoor, Plaintiffs-Appellees, v. SCHUYLER LABORATORIES, INC., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 29, 1997.


Attorney(s) appearing for the Case

Edmund J. Sease, Zarley, McKee, Thomte, Voorhees & Sease, P.L.C., Des Moines, IA, argued for plaintiffs-appellees.

Steven Paul DeVolder, Lewis, Webster, Johnson, Van Winkle & DeVolder, Des Moines, IA, argued for defendant-appellant.

Before ARCHER, Chief Judge, MICHEL, and RADER, Circuit Judges.


MICHEL, Circuit Judge.

This case concerns choice of law between federal patent law and state contract law regarding the measure of damages for breach of a settlement agreement and related attorney fees and costs. We hold that while patent law provides the basis for federal jurisdiction, here state contract law provides the grounds for decision.

In this appeal, Schuyler Laboratories, Inc. ("Schuyler") challenges orders of the United States District Court for...

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