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HOLMES GROUP, INC. v. VORNADO AIR CIRCULATION SYSTEMS, INC.

No. 01-408.

535 U.S. 826 (2002)

HOLMES GROUP, INC. v. VORNADO AIR CIRCULATION SYSTEMS, INC.

United States Supreme Court.

Decided June 3, 2002.

Attorney(s) appearing for the Case

James W. Dabney argued the cause for petitioner. With him on the brief were Paul Izzo, Timothy P. Gallogly, Arthur R. Miller, Marcia H. Sundeen, and Carol M. Wilhelm.

Peter W. Gowdey argued the cause for respondent. With him on the brief were Christopher P. Murphy, Janine A. Carlan, Kenneth W. Starr, and Daryl L. Joseffer.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Kennedy, Souter, Thomas, and Breyer, JJ., joined, and in which Stevens, J., joined as to Parts I and II—A. Stevens, J., filed an opinion concurring in part and concurring in the judgment, p. 834. Ginsburg, J., filed an opinion concurring in the judgment, in which O'Connor, J., joined, p. 839.

Justice Scalia, delivered the opinion of the Court.

In this case, we address whether the Court of Appeals for the Federal Circuit has appellate jurisdiction over a case in which the complaint does not allege a claim arising under federal patent law, but the answer contains a patent-law counterclaim.

I

Respondent, Vornado Air Circulation Systems, Inc., is a manufacturer of patented fans and heaters. In late 1992,

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