MIDSOUTH MEDICAL DISTRIBUTORS, INC., AN ALABAMA CORPORATION, APPELLANT,
v.
JOHNSON & JOHNSON ORTHOPEDIC PRODUCTS, INC., A NEW JERSEY CORPORATION, DURR MEDICAL CORPORATION, AN ALABAMA CORPORATION, AND GENERAL MEDICAL CORPORATION, A VIRGINIA CORPORATION DOING BUSINESS IN THE STATE OF FLORIDA AS WHITTAKER GENERAL MEDICAL CORPORATION, APPELLEES

Fla. 1st DCA | 1995-05-01
No. 94-2717
WOLF, WEBSTER and MICKLE, JJ., concur.
653 So. 2d 1142 Florida District Court of Appeal, First District (1995)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The claim below necessarily depends upon the resolution of a substantial question of federal patent law for which jurisdiction is vested exclusively in federal court. See Additive Controls & Measurement Systems, Inc. v. Flowdata, Inc., 986 F. 2d 476 (Fed.Cir.1993); see also Christianson v. Colt Industries Operating Corp., 486 U.S. 800, 108 S.Ct. 2166, 100 L.Ed.2d 811 (1988). Because the trial court properly dismissed the action for lack of jurisdiction, that portion of the order addressing the merits of appellant’s second amended complaint is stricken.

AFFIRMED in part; REVERSED in part.

WOLF, WEBSTER and MICKLE, JJ., concur.


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