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Forum Shopping More Likely as a Result of Narrowing of Federal Circuit Jurisdiction in Vornado

By Bruce M. Wexler and Joseph M. O'Malley of Fitzpatrick, Cella, Harper & Scinto

For the past twenty years, however complicated appellate practice could otherwise be, at least patent litigators did not have to think about where to file a notice of appeal, or how to find the right courthouse. All appeals from cases that included patent claims, whether those claims were part of the plaintiff's complaint or instead arose as counterclaims, were heard by the Court of Appeals for the Federal Circuit in Washington, D.C.


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