District Court Holds on to State Law Claims Despite Dismissal of Patent Infringement Claim

October 10, 2024

Reading Time : 2 min

In a patent case containing a variety of federal and state law claims, the District of Massachusetts retained supplemental jurisdiction over the state law claims even after all the federal law claims were dismissed.

The lawsuit originally consisted of three federal claims (namely, patent infringement, correction of inventorship and Lanham Act violations) and eight state law claims, many of which were related to the patent-in-suit. As the litigation progressed, two of the three federal claims were dismissed. Later, after the close of fact discovery, the court granted summary judgment as to the third federal claim, leaving only the state law claims in contention. In addition to moving for summary judgment, the defendants requested that the court dismiss the remaining state law claims without prejudice for lack of subject matter jurisdiction because no federal claims remained.

The court denied the defendants’ request. Central to the court’s analysis was the doctrine of pendent jurisdiction. Under that doctrine, a court does not automatically lose supplemental jurisdiction when federal claims fall away. Instead, courts take a pragmatic, discretionary approach that allows federal courts to hear state law claims arising from a common nucleus of operative facts as federal claims before the court. In exercising its discretion, courts consider factors including judicial economy, convenience and fairness to the parties. Here, the court’s justification for retaining jurisdiction hinged on several factors, including the advanced stage of the proceedings and the court’s deep familiarity with the case. Litigation had been ongoing for over four years and discovery was complete. Further, judicial economy weighed in favor of retaining jurisdiction because dismissal and state refiling would cause significant delays, burden another court with a complex fact pattern and impose a large financial burden on the parties. The court found these elements to weigh strongly in favor of the court retaining jurisdiction.

Moreover, there was strong interconnection between the state and federal claims. Most of the state claims—including fraudulent misrepresentation and breach of fiduciary duty, both related to a patent assignment—revolved around the development of, and rights to, the same patent, just as the dismissed federal claims did. This relatedness further justified the court’s decision to maintain jurisdiction. The court also noted that the state law issues did not involve complex or novel questions of state law that would be better suited for a state court to decide. The court denied the defendants’ motion to dismiss, choosing to hear all remaining state law claims in the case.

Practice Tip: Even if all federal law claims are dropped from a case in which a court has exercised pendent jurisdiction over state law claims, a court can exercise its discretion to retain jurisdiction over the remaining state law claims. In that circumstance, parties should recognize that pendent jurisdiction is a matter of judicial discretion and not one of plaintiff’s right.

JT IP Holding, LLC v. Florence, No. 20-cv-10433, 2024 WL 4190044 (D. Mass. Sept. 12, 2024)

Share This Insight

Previous Entries

IP Newsflash

August 11, 2025

In considering a motion to dismiss infringement claims for two related patents, the District of Massachusetts recently held that pre-suit knowledge of a “parent” patent, without more, is insufficient to establish pre-suit knowledge of the “child” patent for purposes of indirect and willful infringement.

...

Read More

IP Newsflash

August 8, 2025

Following a jury verdict finding trade secret misappropriation, the District Court for the District of Massachusetts granted-in-part a plaintiff’s motion for a permanent injunction to prohibit defendants from using plaintiff’s trade secrets. The district court further required defendants to reassign to plaintiff patents and patent applications that disclosed or were derived from plaintiff’s trade secrets as part of its equitable relief.

...

Read More

IP Newsflash

August 6, 2025

In ruling on a recent motion to strike, a judge in the Eastern District of Texas permitted a damages expert to rely on a damages theory based on defendant’s “avoided costs,” holding that this theory did not run afoul of the “entire market value rule.”

...

Read More

IP Newsflash

August 5, 2025

The Federal Circuit recently vacated a decision by the Patent Trial and Appeal Board after concluding that the board’s analysis of licensing evidence offered as a secondary consideration of nonobviousness constituted legal error and was not supported by substantial evidence. According to the court, the board applied a more exacting and improperly heightened nexus standard than is required by law for license evidence.

...

Read More

IP Newsflash

August 5, 2025

A Northern District of California judge recently granted a motion to reconsider his summary judgment ruling that defendant was barred from raising certain “device art” due to IPR estoppel under 35 U.S.C. § 315(e)(2). In the original ruling, the judge adopted the broader rule that IPR estoppel applies to device art that is “materially identical” to patents or printed publications that petitioners raised, or could have raised, in an IPR. Following that ruling, however, the Federal Circuit issued its Ingenico decision adopting the narrower view that IPR estoppel applies only to “grounds” based on patents and printed publications and not to device-based grounds. Citing Ingenico as a “change of law,” defendant moved for reconsideration of the court’s ruling, and the court granted the motion.

...

Read More

IP Newsflash

August 5, 2025

In a recent decision designated as Informative, the USPTO Director determined that the Patent Trial and Appeal Board abused its discretion by instituting two inter partes review proceedings challenging the same patent, based on petitions advancing different constructions of the same claim term. The Director expressed concerns that permitting multiple petitions based on alternative claim constructions effectively circumvents word count limitations, strains board resources, and undermines procedural efficiency.

...

Read More

IP Newsflash

July 25, 2025

Earlier this year, the Federal Circuit’s decision in Qualcomm Inc. v. Apple Inc. (Qualcomm II) raised questions about the extent to which petitioners can rely on applicant admitted prior art (“AAPA”) in inter partes review proceedings.  The Federal Circuit’s recent decision in Shockwave Medical, Inc. v. Cardiovascular Sys., Inc. largely cabins the Qualcomm II decision to its particular facts and makes clear that AAPA can be used as evidence of background knowledge as part of an obviousness argument.

...

Read More

IP Newsflash

July 11, 2025

The Federal Circuit recently reversed a PTAB determination on remand that a patent was obvious over applicant admitted prior art (“AAPA”) in combination with prior art patents, holding that expressly designating AAPA as a “basis” for a ground is improper under 35 U.S.C. § 311(b). In doing so, the Court rejected the PTAB’s “blanket rule” that “AAPA used in combination with prior art patents or printed publications under § 311(b) is ipso facto not the basis or part of the basis of a ground.” Ultimately, while the case clarifies that expressly listing AAPA in an IPR ground is improper, the precise line between proper and improper uses of AAPA in other instances remains unclear.

...

Read More

© 2025 Akin Gump Strauss Hauer & Feld LLP. All rights reserved. Attorney advertising. This document is distributed for informational use only; it does not constitute legal advice and should not be used as such. Prior results do not guarantee a similar outcome. Akin is the practicing name of Akin Gump LLP, a New York limited liability partnership authorized and regulated by the Solicitors Regulation Authority under number 267321. A list of the partners is available for inspection at Eighth Floor, Ten Bishops Square, London E1 6EG. For more information about Akin Gump LLP, Akin Gump Strauss Hauer & Feld LLP and other associated entities under which the Akin Gump network operates worldwide, please see our Legal Notices page.