Advanced Fibre Communications v. Dsc Communications Dsc Technologies Corporation

78 F.3d 591 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. ADVANCED FIBRE COMMUNICATIONS, Plaintiff-Appellant, v. DSC COMMUNICATIONS; DSC Technologies Corporation, Defendants-Appellees. No. 95-16053. United States Court of Appeals, Ninth Circuit. Submitted Feb. 27, 1996. * Decided March 4, 1996. Before: PREGERSON, CANBY, and HAWKINS, Circuit Judges. 1 MEMORANDUM ** 2 Advanced Fibre Communications ("AFC") appeals the district court's dismissal of its action, based on the first-to-file rule, against DSC Communications Corporation ("DSC") alleging violations of the Sherman Act, 15 U.S.C. §§ 1 and 2, and related state law claims. "We review a court's decision to accept or decline jurisdiction based on the first-to-file rule for abuse of discretion." Alltrade, Inc. v. Uniweld Products, Inc., 946 F.2d 622, 625 (9th Cir.1991). We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm. 3 AFC contends that the district court erred by dismissing rather than…