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CALDERA PHARMACEUTICALS, INC. v. REGENTS OF UNIVERSITY OF CALIFORNIA

No. A129727.

205 Cal.App.4th 338 (2012)

140 Cal. Rptr. 3d 543

CALDERA PHARMACEUTICALS, INC., Plaintiff and Appellant, v. REGENTS OF THE UNIVERSITY OF CALIFORNIA et al., Defendants and Respondents.

Court of Appeals of California, First District, Division Two.

April 24, 2012.

Attorney(s) appearing for the Case

SNR Denton US, Arthur S. Beeman , Joel T. Muchmore ; Barr and Barr Attorneys, Andrew R. Verriere ; Gregg Rzepczynski & Associates and Gregg Rzepczynski for Plaintiff and Appellant.

Fenwick & West, Lynn H. Pasahow , Charlene M. Morrow , Carolyn Chang , Mary E. Milionis and Theis Finlev for Defendants and Respondents.

OPINION

RICHMAN, J.—

Federal courts have exclusive jurisdiction to try suits that are based on patents, which are themselves a creature of the federal Constitution. The appearance of a patent in state court is more than likely to unsettle lawyers and judges because, as one academic commentator observed: "Patents scare many lawyers. Mental charts of the law are apt to designate this unexplored territory as a federal enclave, peopled by...

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