· 12/3/2013
Futurewei Technologies, Inc. v. Acacia Research Corp.
Citations
- 737 F.3d 704
- 108 U.S.P.Q. 2d (BNA) 1916
- 2013 WL 6231549
- 2013 U.S. App. LEXIS 24004
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that 22 “[r]esolution of whether the second-filed action should proceed presents a question sufficiently tied to patent law that the question is governed by [Federal Circuit] law” (citing Elecs. For 23 Imaging, Inc. v. Coyle, 394 F.3d 1341, 1345–46 (Fed. Cir. 2005))
- “Resolution of whether the second-filed action should proceed presents a question sufficiently tied to patent law that the question is governed by this circuit’s law.”
- “Application of the first-to-file rule is 7 generally a matter for a district court’s discretion, exercised within governing legal constraints.”
- purpose of the first-to-file rule is to “avoid conflicting decisions and promote judicial efficiency” (inter- nal quotation marks and citation omitted)
- “It makes no sense for this count to be adjudicated as a stand-alone claim in California while the relevant, substantive claims to which it directly relates are being litigated in Texas.”
- “Justification for an exception [to the first-to-file rule] may be found in ‘the convenience and availability of witnesses, ... the possibility of consolidation with related litigation, or considerations relating to the real party in interest.’”
Source: CourtListener parenthetical corpus (CC0).
Judges: Mayer, Reyna, Taranto
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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