Friday, December 08, 2006

Unjust Enrichment Claim Not Appealing to the Federal Circuit

Thompson v. Microsoft Corp., [06-1073](December 8, 2006)[LINN, Mayer, Bryson] The Federal Circuit transferred the case to the Sixth Circuit.
BRIEF: Thomspon sued Microsoft for unjust enrichment, and the claim was dismissed as preempted by the Patent Act. Thompson appealed to the Federal Circuit, but the Federal Circuit found that the case did not arise under the patent laws as contemplated by 28 USC 1338, and transferred the appeal to the Sixth Circuit.