Holmes Group, Inc. v. Vornado Air Circulation Systems, Inc. — Stevens, J., concurring

Summary

Justice Stevens concurs in the Court's judgment and Parts I and II-A, agreeing that Federal Circuit exclusive jurisdiction depends on the district court's jurisdiction at the time of the original complaint. He argues, however, that compulsory patent counterclaims should not confer Federal Circuit exclusive jurisdiction because this would undermine the plaintiff's choice of forum and clarity in appellate rules. Justice Ginsburg, concurring in the judgment, argues for broader Federal Circuit jurisdiction over compulsory counterclaims but agrees the judgment was correct since no patent claim was adjudicated.