Pacesetter Systems, Inc. v. Medtronic, Inc. And Med Rel Inc.

Good Law
678 F.2d 93·217 U.S.P.Q. (BNA) 36·1982 U.S. App. LEXIS 19019
United States Court of Appeals for the Ninth CircuitMay 24, 198281-5136California2,094 words

Opinion

Opinion

Hug, J.

The parties to this patent infringement dispute brought essentially identical actions in district courts in Florida and California to determine the validity of patents on the design of cardiac pacemakers. The California district court, concluding that the litigation filed first in the Florida court would fully resolve the dispute, declined to exercise jurisdiction over the second-filed action and dismissed it. The sole issue in this case is whether the district judge abused his discretion in declining to exercise jurisdiction. We conclude he did not and affirm the dismissal.

I

The plaintiff in this action, Pacesetter Systems, Inc., (“Pacesetter”) is a California corporation that designs and manufactures cardiac pacemakers and related instruments. Medtronic, Inc., a Minnesota corporation, also designs and manufactures pacemakers. It is the owner of the three patents at issue in this action. Med Rel, Inc., a Minnesota corporation that manufactures pacemakers, owns an undivided interest in two of the three challenged patents.

On Friday, November 7, 1980, Medtronic and Med Rel filed suit in the district court for the Southern District of Florida. That action alleged that Pacesetter…

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