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Preston v. Nagel

AIA Does Not Create Exception to General Bar on Reviewability of Orders Remanding to State Court

Preston v. Nagel, (Fed. Cir. June 1, 2017) (Dyk, Taranto, HUGHES) (D. Mass.: Young) (2 of 5 stars)

Fed Cir dismisses appeal from remand to state court. Because the district court’s remand was based on a lack of subject-matter jurisdiction, its order was not reviewable by the Fed Cir per 28 U.S.C. § 1447(d). That Mr. Nagel had attempted to raise counterclaims for declaratory judgment of patent noninfringement did not create an exception to § 1447(d). The opinion rejects Mr. Nagel’s argument that the AIA created such an exception, and specifically rejects Mr. Nagel’s attempt to analogize this case to Osborn, 549 U.S. 225 (2007). The AIA provisions relating to jurisdiction over patent cases were unlike the provisions at issue in Osborn. The opinion also rejects Mr. Nagel’s contention that he will have been deprived of a forum for his counterclaims, as he can present a separate federal declaratory judgment action.

KEYWORDS: SUBJECT-MATTER JURISDICTION; STATE COURT