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p1567 Under 28 U.S.C. § 1338, which provides that state courts lack jurisdiction over cases that necessarily depend on resolution of substantial questions of federal patent law, California courts lacked subject matter jurisdiction over plaintiff's state law tort claims because those claims rested on the argument that but for the defendant's misrepresentations, the United States Patent Office would not have granted a request for re-examination of plaintiff's patents.
CitationLOCKWOOD v SHEPPARD, MULLIN (Exclusive Patent Jurisdiction) 173 CA4 675 [See 23 U.S.C. §1338; CCP §425.16 (SLAPP Statute); CivC §47]
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