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HUNTER DOUGLAS, INC. v. HARMONIC DESIGN, INC.

Nos. 97-1399, 97-1499, 97-1533.

153 F.3d 1318 (1998)

HUNTER DOUGLAS, INC. and Hunter Douglas Fabrication Company, Plaintiffs-Appellants v. HARMONIC DESIGN, INC., Defendant Cross-Appellant, and Springs Industries, Inc. and Springs Window Fashions Division, Inc. Defendants Cross-Appellants

United States Court of Appeals, Federal Circuit.

August 18, 1998.

Attorney(s) appearing for the Case

James W. Dabney, Pennie & Edmonds LLP, New York City, argued, for plaintiffs-appellants. With him on the brief were James G. Markey and Brian M. Rothery. Of counsel was Caroline R. Clark. Also of counsel on the brief was Richard J. Codding, Loeb & Loeb, Los Angeles, California.

Joseph R. Re, Knobbe, Martens, Olson & Bear, Newport Beach, California, argued for defendant cross-appellant, Harmonic Design, Inc. With him on the brief was Michael K. Friedland.

Roy H. Wepner, Lerner, David, Littenberg, Krumholz & Mentlik, Westfield, New Jersey, argued for defendants cross-appellants, Spring Industries, Inc., et al. With him on the brief were William L. Mentlik, Marcus J. Millet and Jonathan A. David.

Before CLEVENGER, BRYSON, and GAJARSA, Circuit Judges.

CLEVENGER, Circuit Judge.

In this appeal, we consider to what extent federal patent law preempts state law causes of action prohibiting tortious activities in the marketplace, when to prevail on them, the plaintiff must prove that a United States patent is either invalid or unenforceable. In addition, we consider whether, under 28 U.S.C. § 1338, such state law causes of action arise under federal patent law for purposes of exclusive federal jurisdiction over...

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