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Kroll v. Finnerty

Patent attorney's complaint for declaratory judgment that federal patent law preempted Grievance Committee's authority to bring disciplinary action against him should have been dismissed for lack of subject matter jurisdiction because it failed to invoke federal question jurisdiction or patent jurisdiction.

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Appealed from: United States District Court for the Eastern District of New York

Judge Arthur D. Spatt

This is an attorney misconduct case that concerns the scope of federal patent jurisdiction. Michael Kroll appeals from the November 12, 1999 judgment of the United States District Court for the Eastern District of New York, entered upon the district court’s November 9, 1999 order granting summary judgment in favor of Frank Finnerty (nominal defendant for the New York State Grievance Committee, or “Grievance Committee”) and dismissing Kroll’s complaint seeking a declaratory judgment that federal patent law preempts the Grievance Committee’s authority to bring disciplinary action against him. On January 7, 2000, Kroll filed a notice of appeal to this court. To the extent that the district court properly premised its decision on 28 U.S.C. � 1338(a), we have exclusive appellate jurisdiction pursuant to 28 U.S.C. � 1295(a)(1). We heard oral arguments in this case on December 8, 2000. Because we conclude that Kroll’s assertion of federal jurisdiction is insubstantial and devoid of merit, we vacate the trial court’s grant of summary judgment and remand the case for the district court to dismiss the complaint for lack of subject matter jurisdiction. The complaint simply fails to invoke federal question jurisdiction under 28 U.S.C. � 1331 or patent jurisdiction under 28 U.S.C. � 1338(a).

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