Atari, Inc. v. JS & A Group, Inc.

 
APPEAL NO.
84-742
OP. BELOW
DCT
SUBJECT
Patent
AUTHOR
Markey

Question(s) Presented

“Atari’s motion to transfer raises a single issue: whether this court has jurisdiction over an appeal from an order preliminarily enjoining contributory copyright infringement when: (1) the jurisdiction of the district court over the action was based in part on 28 U.S.C. § 1338; (2) the pleadings allege a non-frivolous, continuing claim for patent infringement; and (3) the district court has ordered separation of the patent claim.”

Holding

“[T]his court upholds its jurisdiction here.”