if clarity, inc. a pharmaceutical company, wanted to sue another company for manufacturing a line of medecation that violated a patent held by clarity, the lawsuit should be filed with:
a- a state trial court.
b- a united states district court
c- a united states circuit court
d- the commerece commission..
2007-07-23 11:36:22 · 2 answers · asked by Anonymous in Politics & Government ➔ Elections
Do your own reaearch instead of trying to skate through.
2007-07-23 12:55:56 · answer #1 · answered by firewomen 7 · 1⤊ 0⤋
It could be filed under state court, if there were licensing issues involved, or under a theory of unfair market competition.
Federal Circuit Courts normally only handle appeals, though there are some situations where they are courts of original jurisdiction. I'd have to double check to see if any patent law law examples.
If it's infringement of a federal patent, it would be either be the Patent Court -- which is a special Article I court distinct from other Federal District Courts -- or (and again you'd have to check) it may be acceptable to file directly in an appropriate federal district court.
Disclaimer: I'm not a patent attorney, so I'm not fluent in patent law
2007-07-23 18:49:01 · answer #2 · answered by coragryph 7 · 0⤊ 1⤋