Cardinal Chemical Co. v. Morton Int'l, Inc., 508 U.S. 83, 13 (1993)

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Cite as: 508 U. S. 83 (1993)

Opinion of the Court

twice refused substantive review of findings that its two patents were invalid, the patents have been

"effectively stripped of any power in the marketplace.

"If Morton were to proceed against another infringer, the district court, in all likelihood would accept the twice-vacated invalidity holdings, just as the district court below adopted wholesale the [Louisiana] district court's invalidity holdings, without any independent evaluation as to whether those holdings were correct. Further, any future accused infringer would, in all likelihood, argue for an award of attorney's fees as Cardinal has done here, on the ground that Morton should have known better than sue on an 'invalid patent' . . . .

"The value of Morton's patents is therefore essentially zero—effectively not enforceable and viewed with a jaundiced eye by competitors and district courts alike. [Morton] has lost valuable property rights . . . without due process of law." Brief for Respondent 16-17.

Because the Federal Circuit has exclusive jurisdiction over appeals from all United States District Courts in patent litigation, the rule that it applied in this case, and has been applying regularly since its 1987 decision in Vieau v. Japax, Inc., 823 F. 2d 1510, is a matter of special importance to the entire Nation. We therefore granted certiorari. 506 U. S. 813 (1992).

I

The Federal Circuit's current practice of routinely vacating declaratory judgments regarding patent validity following a determination of noninfringement originated in two

of whether Chadha should be deported). The Federal Circuit's improper finding of mootness cannot itself moot this case.

89

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