The remand and dismissal motions of Airwatch LLC (“Airwatch”) and Good Technology Corporation and Good Technology Software, Inc. (“Good”), respectively, were the subject of an earlier post. Judge Duffey’s Opinion and Order provides a more extensive procedural history and case authority analysis which may be of significance to future decisions distinguishing close calls where a case raises substantial patent issues which must be determined in federal court or falls short of that requirement.
The opinion recites Good’s alleged false and misleading statements, which appear to portray an aggressive public relations campaign augmenting patent infringement allegations in a pending California action [see related case site below]. Without addressing the merits of those allegations or whether their assertion was barred by res judicata (Airwatch failed to timely asserted them as a counterclaim, if compulsory assertion was required), the Court began its analysis of jurisdiction with a quote from Gunn v. Minton, 133 S.Ct. 1059, 1065 (2013) (citing Grable & Sons Metal Prods., Inc. v. Darue Eng’g & Mfg., 545 U.S. 308, 314 (2005)), noting jurisdiction only existed “if a federal [patent] issue is: (1) necessarily raised, (2) actually disputed, (3)...
