Federal Circuit Denies Rehearing En Banc of Decision Federal Circuit Lacked Jurisdiction over Walker-Process Claim

In Xitronix Corp. v. KLA Tencor Corporation, [2016-2746] (June 15, 2018), the Federal Circuit denied rehearing en banc of a patent decision holding that the Federal Circuit did not have jurisdiction over the complaint alleging fraud or inequitable conduct in prosecution of the patent application were a violation of antitrust laws.  Judge Newman wrote in dissent that the jurisdictional ruling is contrary to the statute governing
the Federal Circuit, and contrary to decades of precedent and experience.