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Message: Got to thinking about some things that were said in the Pacers:

The only information I could find was related to being a “first mover” in framing the issues and choosing the venue to proceed. See excerpts and link to first_mover.pdf below.  

First Mover Advantage 

“The U.S. Supreme Court recently limited the scope of the Federal Circuit’s jurisdiction to review cases involving patent law, stating that the first party to commence proceedings controls the choice of venue as between the Federal District and Federal Circuit courts by carefully crafting their complaint. In The Holmes Group Inc. v.Vornado Air Circulation Systems Inc. (citation), the high court decided that the Federal Circuit cannot assert jurisdiction over a case in which the complaint does not allege a patent law claim, notwithstanding that the answer contained a patent law counterclaim” 

“In general, proceeding in the Federal Circuit court is more favorable for protecting the rights of a patent holder, whereas proceeding in the U.S. District court may favor clients pursuing antitrust remedies” 

http://www.townsend.com/files/first_mover.pdf

 

Am I just completely missing it? TIA Good luck to you, me, us, and all longs.

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