LITECUBES, LLC v. NORTHERN LIGHT PRODUCTS, INC.

No. 2006-1646.

523 F.3d 1353 (2008)

LITECUBES, LLC, and Carl R. Vanderschuit, Plaintiffs-Appellees, v. NORTHERN LIGHT PRODUCTS, INC. (doing business as GlowProducts.com), Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 28, 2008.


Attorney(s) appearing for the Case

Rudolph A. Telscher, Jr., Harness, Dickey & Pierce, P.L.C., of St. Louis, MO, argued for plaintiffs-appellees. With him on the brief were Matthew L. Cutler and Kara R. Yancey.

F. Ross Boundy, Davis Wright Tremaine LLP, of Seattle, WA, argued for defendant-appellant. With him on the brief was Robert J. Carlson, Christensen O'Connor Johnson Kindness PLLC, of Seattle, WA. Of counsel on the brief was Kevin P. Anderson, Wiley Rein LLP, of Washington, DC. Of counsel was Julian D. Forman, Davis Wright Tremaine LLP, of Seatte, WA.

Before NEWMAN, Circuit Judge, ARCHER, Senior Circuit Judge, and GAJARSA, Circuit Judge.


GAJARSA, Circuit Judge.

This patent and copyright case requires that we clarify the often-confused boundary between elements of a federal claim, which must be established before relief can be granted, and the requirements for establishing subject matter jurisdiction. Plaintiffs-Appellees Litecubes, LLC and Carl R. Vandershuit (collectively "Litecubes"), brought an action in the U.S. District Court for the Eastern District of Missouri alleging patent and copyright...

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