The U.S. Court of Appeals for the Federal Circuit's decision in Acorda Therapeutics, Inc. v. Alkermes Pharma Ireland Ltd. emphasizes the importance of how claims are framed in patent licensing disputes. Acorda's challenge to an arbitration award hinged on jurisdiction related to patent law. The court determined it lacked jurisdiction because the claim did not necessarily raise a substantial question of patent law. This case illustrates that jurisdiction can be impacted by the framing of the issue, even with facts suggesting patent misconduct.
Acorda thus presented a way for the district court to rule in its favor on the requested recoupment remedy without agreeing with Acorda's assertion that federal patent law entitled it to that remedy. In that circumstance, as we have held, the asserted patent-law issue was not 'necessarily raised.'
Regarding the Supply Agreement, the Tribunal concluded that Acorda could not recover any royalty payments because Acorda had never protested those payments.
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