Spotlight On Upcoming Oral Arguments – January 2018

Monday, January 8, 2018

Alexsam, Inc. v. WildCard Systems, Inc., No. 17-1682, Courtroom 201

This appeal arises from a Southern District of Florida decision denying Alexsam’s motion to remand to state court and granting summary judgment against Alexsam on its breach of contract claim. The district court held that Fidelity’s invalidity counterclaim conferred subject matter jurisdiction and also that Alexsam’s breach of contract claim raised substantial patent issues. Alexsam filed suit against Fidelity for breach of the parties’ license agreement. In its answer, Fidelity alleged that Alexsam’s patents were invalid and sought a declaratory judgment of invalidity and filed a notice of removal. On appeal, Alexsam argues that the mere fact that an issue of patent law is relevant to the contract dispute is insufficient to establish subject matter jurisdiction. Alexsam further argues that Fidelity’s counterclaim was not compulsory, and therefore cannot independently