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MDS (CANADA) INC. v. RAD SOURCE TECHNOLOGIES, INC.

No. 11-15145.

720 F.3d 833 (2013)

MDS (CANADA) INC., a Canadian corporation, Best Theratronics, Ltd., a Canadian corporation, Best Medical International, Inc., a.k.a. Beast Medical International, Inc., Plaintiffs-Counter Defendants-Appellants, v. RAD SOURCE TECHNOLOGIES, INC., a Florida corporation, Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 1, 2013.

Attorney(s) appearing for the Case

Richard O'Shea Wolf , Kristen A. Bennett , Robert M. Moore , Leonardo N. Ortiz , Moore & Lee, LLP, McLean, VA, for Plaintiffs-Counter Defendants-Appellants.

Richard A. Mitchell , Scott Ernest Taylor , Anuj Desai , Arnall Golden & Gregory, LLP, Atlanta, GA, Kenneth R. Hartmann , Kozyak Tropin & Throckmorton, PA, Coral Gables, FL, David E. Huizenga , Duluth, GA, Defendant-Counter Claimant-Appellee.

Before DUBINA, Chief Judge, and PRYOR and ANDERSON, Circuit Judges.

PER CURIAM:

This appeal presents a jurisdictional issue of first impression in our Court: whether the Federal Circuit has exclusive jurisdiction to hear an appeal of a breach of contract claim that would require the resolution of a claim of patent infringement for the complainant to succeed. We conclude that this Court does have appellate jurisdiction. We then address the merits of this breach of contract claim, discuss the...

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